You Might Be Thinking…

“Once I pay and sign the contract, everything is done.”
Not quite. Under the Civil Code, risk of damage and entitlement to fruits and benefits transfer only at the moment of handover. Without a proper protocol, proving the property’s condition is very difficult.

Clients Often Ask Me…

• Does the handover protocol always have to be in writing?

• What exactly should it include?

• From when am I entitled to rental income or crops from the land?

• When do I bear the risk of damage even if I haven’t physically taken possession?

• What if the seller refuses to sign the protocol?

Legal Framework in Brief

• § 2130 Civil Code: From handover, the buyer acquires entitlement to fruits and benefits, and risk of damage passes to them.

• §§ 2121–2125 Civil Code: Risk transfers at handover, or even earlier if the buyer fails to take possession despite being enabled to.

• Handover protocol is not legally mandatory, but it is a crucial piece of evidence about the property’s condition.

Proper Procedure

1. Prepare a Handover Protocol

• Property condition (equipment, technical state, utility meters).

• Accessories (garage, cellar, garden shed).

• Keys and access codes.

• Date and signatures of both parties.

2. Inspect the Property

• Walk through thoroughly, ideally with a professional.

• Check functionality of installations (electricity, water, heating).

3. Fruits and Benefits

• From handover, the buyer is entitled to rent, crops, but also liable for operating costs.

4. Transfer of Risk

• If the buyer refuses to take possession even though enabled, risk still transfers.

• Damage occurring after handover does not relieve the obligation to pay, unless caused by seller’s breach.

Risks and Common Mistakes

• No protocol → impossible to prove what was missing or damaged.

• No inspection → defects discovered later are harder to claim.

• Delay in handover → risk passes even without physical takeover.

• Unclear rights to benefits → disputes over rent, crops, utilities.

Lawyer’s Checklist

✔ Always insist on a written handover protocol.
✔ Document the property’s condition thoroughly.
✔ Remember: with handover you acquire not only rights but also obligations.
✔ Arrange insurance – risk of damage is now yours.

FAQ

Does the protocol need to be notarized?
No, a simple written form is sufficient.

What if the seller refuses to sign?
Draft a unilateral protocol and bring witnesses.

From when am I entitled to rental income from a tenant?
From the moment of handover, unless the contract states otherwise.

What if the house is damaged the day after handover?
The risk is already yours. The only exception is damage caused by the seller’s breach of duty.