An owner had advertised his house privately and a buyer was quickly found. Everything seemed to be going smoothly - until the preparations for the notary appointment. An old land charge was still registered in the land register. The seller said: "I paid off the loan long ago."
The problem: there was a land charge certificate for this land charge that could no longer be found. Old files were rummaged through, the building society called, archives checked - without success.
In the end, an application had to be made to the local court for a so-called " Aufgebotsverfahren" to officially declare the lost land charge certificate invalid. This took several months - and the planned house sale fell through.
Risks for sellers in private sales
Lost land charge deeds: No clean sale without deletion.
Liability for defects: Anyone who conceals damage is still liable years later.
Incorrect pricing: Emotionally inflated prices or offers that are too low.
Unchecked buyers: Without a credit check, contracts may fall through.
Risks for buyers when buying privately
Overlooked land register encumbrances: Old land charges, easements or residential rights.
Incomplete documents: Energy certificate, building documents or modernization certificates are missing.
Hidden defects: Damage often remains undetected without a neutral appraisal.
Financing risks: Banks demand complete and clean documentation.
Conclusion
Selling a property is more complex than it seems. Lost mortgage deeds in particular show how quickly a private sale can come to a standstill. Valuable time passes while sellers rummage through files - and the buyer may back out.
An experienced estate agent recognizes such pitfalls at an early stage, clarifies documents and ensures a smooth process. This ensures that the sale is not a gamble, but a secure and successful transaction.
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