Why are we selling briefly
Real estate sale fails shortly before the contract is concluded
Anyone who decides against concluding a purchase contract at short notice does not have to justify this
However, the lawsuit failed before the ordinary courts and the BGH also confirmed the rejection. For the following reason: In a property purchase agreement, are on to impose high demands on the breach of pre-contractual protection obligations - that's what the legal jargon says. One could also say: a contract partner must show clear misconduct in order for this to have legal consequences. That the seller does not give a valid reason for not concluding the sales contract after all, does not yet trigger a claim for damages per se. Such a claim would only arise if there was a serious, willful breach of duty of loyalty.
That means: Both the seller and the buyer are allowed to be before the notarial certification for no good reason decide against the conclusion of the purchase contract. Because if the lack of valid reasons resulted in a compulsion to conclude a property purchase contract, this would run contrary to § 311 b BGB according to the BGH. Thereafter, the binding to a property purchase contract only arises through the notarial certification. Only if a contractual partner acts deliberately in breach of duty, may be a Claim for damages or reimbursement of expenses consist.
In the event of an intentional breach of duty by a contractual partner, a claim for compensation may arise
immoverkauf24: And in which cases is the behavior considered deliberately contrary to duty?
Ricarda Breiholdt: One gross willful breach of duty of loyalty can be the case, for example, when a sales contract partner is negotiating without having any intention of concluding a notarized sales contract and thus disadvantaging the other party. This can be the case if the other party, trusting the existing intention to sell or purchase, accepts travel or expert costs or, for example, fails to conclude other options.
immoverkauf24: What protection can a reservation agreement provide for prospective buyers?
Ricarda Breiholdt: A reservation agreement between the broker and the prospective buyer ensures the protection of the prospective buyer only to a very limited extent. Because the seller is usually one of those Reservation agreement not bound. Rather, he can sell independently, even if he has given the broker a sole contract.
immoverkauf24: Would there be a claim for damages if the owner and prospective buyer had concluded a preliminary contract?
Ricarda Breiholdt: An effective preliminary contract between the owner and the prospective buyer, which guarantees the prospective buyer compensation if the seller does not sell the property or sells it to a third party, needs a notarial certification. Otherwise, the compensation regulation would also indirectly oblige the buyer to sell the property to the prospective buyer and would thus in turn contravene § 311 b of the German Civil Code (BGB).
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