Real Estate
Flat
successful property viewing
A successful property viewing is crucial for a smooth sale or purchase. But which legal aspects must you absolutely consider? Avoid costly mistakes and gather comprehensive information. Need individual advice? Get in touch with us here.
A comprehensive disclosure obligation is essential to minimise legal risks and to gain the trust of potential buyers.
The optimal presentation of the property through cleaning, maintenance, and a positive atmosphere can increase the sale price by up to 5%.
Professional communication and fair contract negotiations are essential to ensure a smooth sales process and to achieve the best possible price.
A successful property viewing is more than just an appointment; it is a crucial phase in the sales process. Professional preparation can significantly increase your chances of selling while avoiding legal pitfalls. First impressions count, and a well-presented property leaves a lasting, positive impression on potential buyers. Therefore, the importance of careful preparation should not be underestimated.
In this article, you will learn how to optimally prepare for a property viewing. We examine the legal aspects, provide you with practical tips for successful execution, and show you how to minimise liability risks. Our goal is to equip you with the necessary knowledge and tools to achieve the best possible price for your property and ensure a smooth sales process. Use our expertise to make your next property viewing a complete success.
Comprehensive preparation not only includes the visual enhancement of the property but also the compilation of all relevant documents and information. This demonstrates to potential buyers that you are a trustworthy and professional seller. Also, research land rental prices to set a realistic sale price.
As a seller, you are obliged to disclose all relevant information about your property. This particularly concerns the duty to disclose defects according to § 433 BGB Paragraph 1. This obligation includes all value-related information, including existing encumbrances such as mortgages, rights of residence, or rights of way. Comprehensive disclosure helps to avoid subsequent claims for damages and potential contract cancellation. It is important to be transparent and honest with potential buyers to build trust and ensure a smooth sales process.
The seller must proactively disclose all known defects, as non-disclosure may lead to contract cancellation or claims for damages. This includes not only physical defects but also any encumbrances or legal issues that could affect the property's value. Adhering to this obligation is crucial for a legally secure property viewing and a successful sale.
Another important aspect is the energy certificate, which is legally required according to EnEV (§ 16 Paragraph 2 EnEV). This must be presented at the latest during the viewing and should not be more than 10 years old. Failure to comply may result in fines of up to €15,000. Ensure that you apply for the energy certificate in good time and have it ready for the viewing. Compliance with this regulation shows potential buyers that you care about meeting legal requirements and act transparently. Note that failure to comply with the energy certificate requirement can lead to high fines.
The first impression counts, and preparing your property plays a crucial role in the success of viewings. Thorough cleaning and maintenance of all rooms is essential. Address minor issues such as dripping taps or loose door handles. Also pay attention to the garden and outdoor areas to leave a tidy impression. A clean and well-maintained property signals to potential buyers that you care for your property and that it is in a good condition.
The presentation of the property should aim to create a positive atmosphere. Ensure bright and friendly lighting, a comfortable room temperature, and reduce personal items to create a neutral environment. A neutral environment allows potential buyers to better imagine themselves living in the property. Remember, most buyers make emotional decisions, and a positive atmosphere can significantly influence this decision.
Gather all relevant documents to provide important information to potential buyers. These include the land registry extract, energy certificate, floor plans, the living area calculation, as well as the declaration of division and meeting minutes for condominiums. A complete documentation shows that you are transparent and have all necessary information readily available. This can strengthen the trust of the buyers and speed up the selling process. Also, inform yourself about the efforts of refurbishing old buildings to make realistic statements.
A professional demeanour is crucial for making a positive impression on potential buyers. Be punctual, well-groomed, and communicate openly and honestly. Friendliness and competence are key factors in gaining buyers' trust and creating a pleasant conversational atmosphere. A professional manner signals that you are a trustworthy seller and are committed to ensuring a smooth sales process.
Effective conversation management helps you capture buyers' interest and answer their questions comprehensively. Highlight the property's advantages, address the prospects' needs, and answer all questions transparently. Open and honest communication fosters trust and enables buyers to make informed decisions. Prepare thoroughly and familiarise yourself with the pros and cons of a secluded location to answer all queries.
Dealing with challenging questions and objections requires poise. Respond honestly, even when discussing negative aspects, and offer solutions. If unsure, assure consultation with experts. A confident response to difficult questions demonstrates your familiarity with the property and the sales process and your readiness to address all buyers' concerns. This builds trust and increases the likelihood of a successful sale.
An exclusion clause can protect you from liability for hidden defects, but it does not apply in cases of fraudulently concealed defects (§ 444 BGB). Have the clause carefully drafted by a lawyer to ensure it is legally effective and optimally protects your interests. An exclusion clause is an important part of the purchase contract and should not be underestimated. The implementation of an exclusion clause can reduce the risk of hidden defects, but it does not absolve the seller from responsibility for known issues.
The documentation of the property's condition serves as evidence. Create a handover report, compile photo documentation, and involve witnesses. Comprehensive documentation can help support your position in disputes and protect your rights. The handover report is essential for documenting the condition of the property and the meter readings. This report can be crucial in resolving later disputes about defects.
Make clear agreements when dealing with potential buyers and agents. Carefully review the broker's contract (duration, commission, etc.), use a reservation agreement to bind buyers, and check the buyer's creditworthiness. Clear agreements help avoid misunderstandings and disputes and ensure the sales process runs smoothly. The use of a preliminary contract or reservation agreement can cement the buyer's commitment before the official notarisation and reduce the risk of the buyer changing their mind.
Conduct the purchase contract negotiations fairly and transparently. Negotiate in good faith (§ 242 BGB), avoid deception or threats (§ 123 BGB), and seek legal advice. Fair and transparent negotiation builds trust and allows both parties to reach a satisfactory agreement. The negotiations must be conducted in good faith (§ 242 BGB). Deceptions or threats can make the contract voidable (§ 123 BGB).
The notarial certification is an indispensable step. The purchase contract must be notarised (§ 311b BGB), the notary is neutral (§ 14 BNotO), and you should review the draft purchase contract in advance. The notarial certification ensures the legal validity of the purchase contract and compliance with all necessary formalities. The role of the notary is mandatory in Germany, where they act as an impartial legal adviser. Allow adequate time (ideally at least two weeks) between receiving the draft purchase contract and the certification appointment, to ensure thorough review and necessary adjustments.
Ensure the payment processing and transfer of ownership. The purchase price payment occurs after the priority notice of conveyance and confirmation of debt clearance, the handover of keys only after full payment of the purchase price, and the transfer of ownership in the land register. Secure payment processing and transfer of ownership protects both parties from financial risks and ensures a smooth transition of ownership. The handover of keys should only occur after the buyer is registered in the land register and the funds have been transferred, to avoid potential disputes over damage if the sale fails.
Consider the speculation tax, a capital gains tax on sales within ten years (§§ 22, 23 EStG), except for use as a primary residence. Inform yourself in advance about the tax implications of the sale to avoid unexpected costs. The speculation tax applies to profits from sales within ten years (§§ 22, 23 EStG), unless the property was used exclusively for personal residential purposes.
The land transfer tax is paid by the buyer (§ 1 GrEStG). Inform the buyer about this tax obligation to avoid misunderstandings. The land transfer tax is to be paid by the buyer (§ 1 GrEStG).
Seek tax advice to receive individual consultation and optimize your tax burden. A tax advisor can help you consider all tax aspects of the sale and find the best solution for your situation. It is advisable to consult a tax advisor to receive specific advice.
A successful property viewing requires careful preparation and consideration of legal aspects. Here is a checklist for sellers to ensure you cover all important points:
Checklist for Sellers
Here are some of the key benefits you will achieve:
Comprehensive disclosure obligation: Disclose all relevant information to avoid future disputes.
Thorough preparation of the property: Clean and repair the property to make a good impression.
Professional conduct of the viewing: Be punctual, friendly, and knowledgeable.
Risk management and disclaimer: Protect yourself from liability risks with a carefully worded disclaimer clause.
Observe legal and tax aspects: Familiarize yourself with all legal and tax obligations and, if necessary, seek professional advice.
Adhering to these points will help you ensure a smooth sales process and achieve the best possible price for your property.
The digitalization of the sales process, the increasing importance of energy efficiency, and legal changes in property law are important trends in the property market that you should keep an eye on. Keep yourself regularly informed about current developments to stay competitive and maximize your sales opportunities. The legal aspects and risks of property sales are varied and require careful preparation.
A successful property viewing is the key to a successful sale. With the right preparation and strategy, you can achieve the best price for your property and avoid legal pitfalls. Use the information and tips provided in this article to make your next viewing a complete success. Remember, professional preparation and transparent communication are crucial to a successful sale.
Auctoa revolutionises the valuation of properties and land by using state-of-the-art automation and AI-supported, human expertise to provide precise, certified, and market-appropriate valuations. Our unique combination of advanced AI and experienced human assessment ensures the highest precision and speed in determining the true value of your property.
Secure the best price for your property now! Contact us today for a no-obligation consultation and find out how Auctoa can help you successfully sell your property. Contact us now!
Kanzlei Herfurtner provides information on the legal aspects of selling property, including the duty to disclose defects.
Homeday explains the legal risks involved in selling property, including non-compliance with the energy certificate requirement.
Ohne-Makler.net offers advice on safety when selling property, including the handover of keys.
Noack Rechtsanwalt discusses the legal risks associated with selling a house and the use of preliminary contracts.
Hokamp & Thiele Immobilien provides blog posts on legal aspects of selling property, including disclaimers and tax advice.
Handelsblatt sheds light on the legal aspects and risks of property sales.
Welche rechtlichen Aspekte sind bei einer Immobilienbesichtigung zu beachten?
Als Verkäufer sind Sie zur Offenlegung aller relevanten Informationen verpflichtet, insbesondere von Mängeln und Belastungen (Hypotheken, Wohnrechte). Ein Energieausweis ist ebenfalls Pflicht.
Wie kann ich meine Immobilie optimal für eine Besichtigung vorbereiten?
Sorgen Sie für eine gründliche Reinigung, Instandhaltung und eine positive Atmosphäre. Reduzieren Sie persönliche Gegenstände und stellen Sie alle relevanten Dokumente (Grundbuchauszug, Energieausweis) zusammen.
Welche Rolle spielt die Gesprächsführung bei einer Immobilienbesichtigung?
Ein professionelles Auftreten, Freundlichkeit und Kompetenz sind entscheidend. Beantworten Sie Fragen offen und ehrlich und heben Sie die Vorzüge der Immobilie hervor.
Wie kann ich mich vor Haftungsrisiken schützen?
Verwenden Sie eine Haftungsausschlussklausel (gilt nicht bei arglistig verschwiegenen Mängeln) und dokumentieren Sie den Zustand der Immobilie (Übergabeprotokoll, Fotos).
What should be considered during purchase contract negotiations?
Conduct negotiations fairly and transparently, avoid deception, and seek legal advice. Notarial certification is mandatory.
Welche steuerlichen Aspekte sind beim Immobilienverkauf relevant?
Beachten Sie die Spekulationssteuer (bei Verkauf innerhalb von zehn Jahren, außer bei Eigennutzung) und die Grunderwerbsteuer (vom Käufer zu zahlen). Nehmen Sie steuerliche Beratung in Anspruch.
How does Auctoa assist with property valuation?
Auctoa revolutionises property valuation by leveraging AI-backed human expertise to deliver accurate, certified, market-aligned valuations.
Why is a professional property valuation important?
A professional valuation by Auctoa ensures maximum precision and speed in determining the true property value, leading to an optimal selling price.
