Do you know what obligations go beyond just paying the purchase price? Many property buyers underestimate the range of their responsibilities, which can lead to unexpected costs and legal issues. This article breaks down the crucial obligations of the buyer and shows how to put your purchase on a secure foundation.
Chat with ImmoGPT for free now.
With access to Google, BORIS, and Deep Research.
The topic briefly and concisely
The buyer's main obligations are the timely payment of the purchase price and the acceptance of the property, as stipulated in § 433 BGB.
Buyers should budget an additional 9-12% on top of the purchase price for ancillary costs, including land transfer tax, notary, and land registry fees.
Although there is no legal obligation to conduct an inspection, buyers should carefully check the property for defects to avoid legal disadvantages later on.
Buying a property is one of the largest financial decisions in most people's lives. While the focus is often on the property and the purchase price, the buyer's legal obligations are equally important. According to § 433 of the German Civil Code (BGB), you are not only obliged to pay the purchase price but also to take possession of the property. Neglecting these or other contractual obligations can jeopardise the entire process and have significant financial consequences. A clear understanding of your responsibilities is the first step toward a successful and secure property acquisition.
Foundation of the Purchase: The timely payment of the purchase price
The most fundamental obligation for you as a buyer is the complete and timely payment of the purchase price as stipulated in the notarial contract. This primary obligation is enshrined in § 433 paragraph 2 BGB and forms the basis for the entire transfer of ownership. Usually, the amount becomes due once the notary sends the so-called due date notification, which typically occurs after the registration of the priority notice in the land register. Payment default can be a reason for the seller to withdraw from the contract and claim damages. Therefore, ensuring the financing is secured 100% before signing the notarial purchase contract is essential. Solid planning prevents costly mistakes here.
More than a formality: The obligation to accept the property
In addition to the purchase price payment, you also owe the seller the acceptance of the property. This does not just mean receiving the keys, but legally accepting the property as contractually compliant. Upon handover, according to § 446 of the German Civil Code (BGB), the so-called burdens and benefits are transferred to you. From this point on, you are responsible for the property and bear the risks, such as unforeseen damage. At the same time, you can claim all advantages, such as rental income, for yourself. The acceptance should be documented in detail in a handover protocol to record the condition of the property and avoid future discrepancies.
Bearing of costs: Buyers need to plan for these additional expenses
An essential financial obligation of the buyer is to bear the ancillary purchase costs, which often amount to 9% to 12% of the purchase price. These costs are usually fully imposed on the buyer in the purchase contract. Neglecting this amount is one of the most common errors in budget planning. The key items include:
Property transfer tax: Depending on the federal state, this is between 3.5% and 6.5% of the purchase price.
Notary and land registry costs: Fees for notarisation and transfer of ownership are around 1.5% to 2.0%.
Broker’s commission: If an estate agent is involved, the commission has usually been shared between buyer and seller since 2020, with the buyer’s share often being around 3.57%.
An accurate calculation of these items is essential for realistic property financing planning.
Due Diligence Before Purchase: The Informal Duty of Inspection
Although the law does not impose an explicit duty of investigation on private buyers, it is in your best interest to thoroughly examine the property before purchasing. Obvious defects that could have been identified during a viewing may be difficult to claim later, especially with clauses like "purchased as seen". The burden of proof that a defect was fraudulently concealed lies with you after the purchase. A professional property valuation by Auctoa or an initial assessment via ImmoGPT-Chat can provide clarity and protect you from costly surprises. Also, make use of our checklist for property buyers to proceed systematically.
Contractual Ancillary Obligations: What You Should Pay Attention to in the Small Print
A notarial purchase agreement may include obligations for the buyer beyond the main duties. These are legally binding and must be fulfilled with the same level of care. For example, these may include the following provisions:
Assumption of existing rental agreements under current conditions.
Toleration of rights of way or easements registered in the land register by third parties.
Obligations to take over specific inventory or communal facilities.
Deadlines for submitting certain documents, such as the bank's financing confirmation.
Therefore, studying the draft contract, which the notary must provide to you at least 14 days before the appointment, is not merely a formality but a crucial duty for your own protection.
Conclusion: Well-informed buyers are on the safe side
The obligations of the buyer when purchasing property are clearly defined in the BGB and the purchase contract, and extend far beyond the mere exchange of money. Punctual payment, formal acceptance, and covering all ancillary costs are the three pillars of a successful acquisition. Anyone who knows their obligations and carefully examines the property in advance significantly reduces the risks when buying land. A well-prepared buyer not only protects their investment but also ensures a smooth and legally secure transition to the new ownership. A clear understanding of your obligations is your best protection.
pflichten-der-kaufer
Additional useful links
Bundesverwaltung provides general information about rights and obligations in Germany, which can also be relevant for property ownership.
Grundbuch-Portal is the official portal for accessing land register information in Germany.
Wikipedia offers a comprehensive article about the German land register, its function, and significance.
Statistisches Bundesamt (Destatis) provides information on construction prices and property price indices.
Statistisches Bundesamt (Destatis) offers detailed tables on house and building land prices.
Verbraucherzentrale provides comprehensive information on construction and property financing and offers valuable tips for buyers.
Deutsche Bundesbank offers an indicator system for the residential property market, providing important market data.
Gesetze im Internet offers the full text of the Land Register Ordinance (GBO), which governs the legal foundations of the land register.
FAQ
What are the three main duties of a property buyer?
The three central obligations are: 1. The complete and timely payment of the purchase price. 2. The acceptance of the property, meaning its receipt and acceptance. 3. The assumption of the costs agreed in the purchase contract, which typically includes all ancillary purchase costs.
What are the average additional purchase costs in Germany?
The incidental purchase costs vary depending on the federal state, but on average they range between 9% and 12% of the purchase price. The largest items are the real estate transfer tax (3.5% - 6.5%), notary and land registry costs (approx. 2%), and possibly a broker's commission.
Is a viewing of the property mandatory for the buyer?
No, there is no legal obligation to conduct a viewing. However, it is strongly recommended. If you forgo a viewing, you cannot make claims later for defects that would have been obvious during a viewing.
What does § 433 of the BGB regulate for the buyer?
Section 433, paragraph 2 of the German Civil Code (BGB) establishes the two typical contractual primary obligations of the buyer: the obligation to pay the agreed purchase price to the seller and the obligation to accept the purchased item (the property).
Can I withdraw from the purchase contract if my financing falls through?
A failed loan is fundamentally your risk as a buyer. Generally, there is no right of withdrawal in such cases unless an explicit right for non-financing has been agreed upon in the notary contract, which is rare in practice. Therefore, always secure financing before notarization.
Who pays the property tax after purchasing real estate?
The property tax is transferred to the buyer with the transition of benefits and burdens. The key date is usually 1 January of the year following the change of ownership. The purchase contract often includes an internal settlement for the current year.
