You have inherited a house and are faced with a decision: sell or keep? Selling privately without an estate agent can increase the margin by up to 7%, but it also carries risks.
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The topic briefly and concisely
A private sale saves up to 7% in agent fees but requires a good understanding of taxes, documentation, and market value.
The 10-year speculation period starts with the purchase by the testator, not with the inheritance event, which often allows for a tax-free sale.
A professional valuation is crucial to avoid losses, and the costs for it are tax-deductible.
Selling an inherited house privately presents many owners with an emotional and financial challenge. Between 2015 and 2024, 4.34 million properties have been inherited in Germany, often leading to complex decisions. This guide shows you how to strategically manage the process, avoid typical cost traps, and ensure legal security. We guide you through the five crucial phases: from obtaining documents, through valuation, to the final contract signing. This way, you secure the maximum proceeds without relying on an estate agent.
Phase 1: Establishing the legal basis for private sales
Before you can privately sell your inherited house without an estate agent, you must legally secure your ownership status. The first step is to apply for a certificate of inheritance from the probate court, which designates you as the rightful heir. With this document, you can initiate the amendment in the land register, which is usually free of charge within two years after the inheritance event. Without a correct entry in the land register, a sale is not possible.
Additionally, a valid energy certificate is legally required and must be presented to potential buyers at the latest during the viewing. The costs for a simple consumption certificate range between 50 and 80 euros, while a detailed demand certificate can cost up to 500 euros. A complete set of documentation is the foundation for a smooth sales process. A detailed overview of the sales documents helps you avoid forgetting anything.
Ensure you have all the necessary documents ready before you start marketing:
Valid and certified certificate of inheritance
Current extract from the land register (not older than 3 months)
Valid energy performance certificate (demand or consumption certificate)
Original building plans and layouts of the property
Evidence of modernisation and renovation work over the last 20 years
Calculation of living space
Extract from the cadastral map
This careful preparation not only accelerates the sale but also establishes trust with potential buyers and lays the groundwork for property valuation.
Phase 2: Objectively and data-driven determine the market value
The most common mistake in private sales is setting the wrong price. A price that is too high deters 9 out of 10 potential buyers, while a price that is too low can quickly lead to a loss of over 10% of the market value. The tax office determines a value for inheritance tax that is often above the actual market value, as it is based on standardized procedures without on-site inspection. You should not accept this value as the selling price.
A professional market value appraisal by an expert is an investment that pays off. The costs start at around 2,000 euros and can be deducted from inheritance tax as an estate liability. Such an appraisal not only provides you with a realistic selling price but also a strong basis for negotiation. It analyzes location, building fabric, amenities, and the local market. If you are unsure whether a full appraisal is worthwhile, a KI-assisted analysis like our ImmoGPT chat can offer an initial, quick orientation.
A realistic price is the most important prerequisite for attracting qualified buyers and not unnecessarily prolonging the sales process. With a well-founded valuation, you avoid the typical risks of selling a house and ensure your financial success. Next, the tax framework conditions must be clarified.
Phase 3: Avoiding Tax Pitfalls in Inheritance and Sale
When selling an inherited property, two types of taxes are relevant: inheritance tax and capital gains tax. Inheritance tax is applicable regardless of the sale and depends on the degree of kinship and the value of the house. Children have an allowance of €400,000 and spouses €500,000. Only the value exceeding these allowances is taxed.
Capital gains tax is due on the sales profit if less than ten years have passed between the original purchase by the deceased and the sale by you. The period does not start with the inheritance event, but with the purchase date by the deceased. If you inherited the house and the deceased acquired it more than 10 years ago, the capital gains tax is completely waived. An exception to the ten-year rule exists if the property was occupied by you in the year of sale and in the two preceding years. You can find more information on the capital gains period for inherited houses.
Careful examination of these periods is crucial to avoid a double tax burden. Thorough planning is the key to financial success here.
Phase 4: Successfully marketing the property without an estate agent
A private sale requires a well-thought-out marketing strategy. The heart of this is a professional exposé with high-quality photos, detailed floor plans, and all relevant facts. Describe the property honestly and highlight features such as a renovated basement or a new roof truss. The costs for marketing, for example on major real estate portals, can quickly amount to several hundred euros for a duration of 1-2 months.
Allocate sufficient time for viewings. On average, you will need 10 to 15 viewing appointments for a successful sale. Be prepared for critical questions and have all documents ready. A well-prepared seller appears 50% more trustworthy to potential buyers. A private real estate sale is time-consuming but gives you full control. If you are selling with co-heirs, all decisions must be made together, which can complicate the process.
Coordination with a community of heirs requires clear arrangements and often a notarial power of attorney for one person to remain capable of acting. Once a buyer is found, the focus shifts to negotiation and preparing for the notary appointment.
Phase 5: Managing Costs and Liability Risks in Private Sales
Even though you save on the broker's commission, which often amounts to 3 to 7% of the purchase price, costs can arise from selling privately. You should budget for these from the start to avoid any surprises. A private property sale can quickly cost you around 5,000 Euros, even before the notary contract is signed. The decision on whether to use an estate agent or sell privately largely depends on your available time and expertise.
Here is an overview of the typical seller's costs:
Valuation: A short appraisal costs approximately 500 Euros, while a full market value appraisal starts at 2,000 Euros.
Documentation: For the energy certificate, land register extract, and cadastral map, costs range from 100 to 600 Euros.
Early repayment penalty: If the deceased's loan is paid off early, the bank may charge a penalty of up to 1% of the remaining debt for each year remaining on the term.
Mortgage cancellation: Cancelling an old mortgage in the land register costs about 0.2% of the registered sum.
Renovations: Minor cosmetic repairs can increase the sale price by up to 5%.
A central risk is the liability for fraudulently concealed defects. Document the property's condition thoroughly and inform buyers of any known defects. A detailed handover protocol and clear agreements in the purchase contract are essential to legally protect yourself.
Conclusion: Strategic preparation is the key to success
Selling an inherited house privately without an estate agent is a challenging but achievable task. The financial advantage of saving a commission often exceeding €15,000 is a strong incentive. However, success depends on careful preparation in the five stages: legal protection, objective valuation, tax planning, professional marketing, and management of costs and risks. Do not underestimate the time commitment of an average of 50 to 100 hours. A data-driven assessment from Auctoa can help you lay the foundation for a profitable sale and avoid the most common mistakes. A well-planned private sale results in a better outcome than a poorly prepared sale with an estate agent.
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Additional useful links
Statistisches Bundesamt provides information on construction price indices and real estate price indices in Germany.
Statistisches Bundesamt offers tables on house prices and building land prices in Germany.
Bundesministerium der Finanzen provides information on inheritance and gift tax in Germany.
Bundesministerium der Finanzen explains the application of regulations for the valuation of real estate for inheritance and gift tax.
Deutscher Notarverein provides comprehensive information on real estate.
Bundesnotarkammer offers an information sheet on purchasing a pre-owned property.
BORIS-D (Portal der Bundesländer für Bodenrichtwerte) is the official portal of the federal states for land guideline values.
Justizportal des Bundes und der Länder provides information on online land register access.
Bundesministerium für Wirtschaft und Klimaschutz offers an infographic on the energy certificate.
FAQ
How do I determine the right price for my inherited house without a realtor?
Do not rely on estimates or the value assessed by the tax office. The safest method is a market value appraisal from an independent expert. The cost of approximately 2,000-3,000 euros protects you from a potentially much greater loss due to a low price and is tax deductible.
What costs will I incur as a seller when selling my house privately?
Even without an estate agent, costs arise. Budget for expenses such as the valuation report (starting from €2,000), the energy certificate (up to €500), obtaining documents (around €100-200), and potentially an early repayment fee for the bank as well as the removal of the land charge (approximately 0.2% of the amount).
Do I need to be present during the sale as part of an inheritance community?
Not necessarily. The community of heirs can issue a notarised power of attorney to one co-heir. This person can then carry out all necessary steps, from viewing to the notary appointment, alone. Without a power of attorney, all heirs must be present for important decisions and at the notary.
What is the difference between inheritance tax and capital gains tax?
Inheritance tax is levied on the inherited assets and depends on exemptions and the degree of kinship. Capital gains tax taxes the profit from the sale if it occurs within 10 years of the original purchase by the decedent. These are two completely separate taxes.
Can I speed up the sales process?
Yes, through optimal preparation. Gather all the necessary documents before listing the property. Set a realistic price supported by an appraisal. A professional exposé and timely viewing appointments significantly reduce the selling time.
What can I do if a buyer reports a defect after purchase?
Carefully examine the allegation. If the defect was already known before the sale and you did not disclose it, you could be liable. If the defect was also unknown to you and liability is excluded in the notary contract, you are generally not obliged. Document the condition of the house in detail before the handover.
