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Purchase/delivery of real estate

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When buying or selling a home, commercial property or other real estate such as a plot of land or leasehold rights, difficult legal issues can arise. Consider, for example, a buyer who withdraws from the sale on the grounds of financing reservations, hidden structural defects or an illegally constructed extension.

Our solicitors have extensive experience in assisting both private and business clients with these types of problems. In addition, we regularly advise estate agents on their role in the buying and selling process, including issues relating to disciplinary law.

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FAQ

What if defects are found in the property after purchase?

If hidden defects come to light after the purchase of a house or other property, the seller may be liable on the grounds of non-conformity, unless this is explicitly excluded in the purchase agreement. The seller's duty to disclose usually outweighs the buyer's duty to investigate. This means that the buyer can usually recover the costs of repair or compensation from the seller. Depending on the situation, exceptions may apply.

When does the purchase of a property become legally binding?

The purchase becomes legally binding when both parties have signed the agreement in writing. Buyers then have a reflection period of three days, during which they can terminate the agreement without giving any reason. After this reflection period, the purchase can in principle no longer be reversed.

When is a transfer valid?

A transfer is valid when there is a valid title (such as a purchase agreement), the transfer is carried out correctly and the transferor has the power of disposition. For movable property, this usually means the actual transfer of the goods. For immovable property, a notarial deed is required, followed by registration in the public registers, so that the ownership is legally transferred to the buyer.

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