After the conclusion of a real estate purchase contract, a house or apartment is handed over to another owner. There are a number of specific steps to follow when handing over a house/flat to ensure that the handover goes smoothly. Below is a list of all the important aspects to consider when handing over a house/flat.

 

1. House/flat handover protocol when selling a property - content and timing?

House handover protocol:

A few weeks before the house/flat is handed over, the real estate purchase contract is usually already concluded between the contracting parties. This automatically means that the details of the handover of the property are still missing from this contract. This is because these details are only defined and documented in the property handover protocol. This ultimately creates clarity for both parties. The greater amount of time required for a very detailed handover report prevents disputes from arising later.

When is the house/flat handover protocol drawn up?

As the name suggests, the key handover date is crucial. If you have sold your house, this is the last opportunity to inspect the building again together with the property buyer and draw up a house/flat handover protocol. Of course, there is no rule without exception, but 99 percent of the time, the handover of the house/flat only takes place once the signatures have been obtained on the purchase contract and the purchase price has been transferred. This is because the entire purchase process is only fully completed when the property is handed over. From this point onwards, the buyer is responsible for paying all incidental costs such as electricity, water, refuse and property tax.

What information should be included in the house/flat handover protocol?

  • Name, address and date of birth of the property seller and buyer, plus the address of the property being sold.
  • Inventory, precise description of all rooms (including inventory and possible defects / damage).
  • Inventory, detailed description of the outdoor facilities and the garden.
  • List of inventory if the buyer is taking over certain items such as a fitted kitchen.
  • Meter readings for electricity, water and gas, fill level of the oil tank (may still have to be settled).
  • Number of existing front door keys, mailbox keys, cellar keys, possibly additional keys for separate rooms, garage and/or shed.
  • Individual agreements, e.g. whether the seller of the property still has to dispose of household effects and/or garbage at his own expense.
  • List of all documents relating to the house that the buyer receives. This also includes plans showing the location of telephone, internet, cable and water connections.

Apartment handover protocol and still defects?

Broken windows, a faulty tap, scratches on doors and windows, stained floors or battered bathroom fittings, problems with the electrical appliances - it is not unusual to find defects that the buyer does not want to accept when the house is handed over. You should therefore record any damage that catches the eye in the house/flat handover report. Experts strongly recommend taking photos of the defects. This allows you to document the complaints in detail. The way forward must also be outlined.

Because if defects are discovered that nobody noticed beforehand, this is annoying for both parties. To clarify: In many cases, the purchase contract already states that the property seller is not liable for material defects, this is called an "exclusion of liability". However, if, contrary to custom, you have agreed in the purchase contract that you as the seller will replace a soiled carpet, for example, this must be done before handover. Otherwise, you will have to renegotiate with the buyer about remedying the problem.

Another case is when the buyer notices new defects in the property during the handover. Defects that were not present at previous viewings. In the case of minor defects, buyers can at least demand improvements. The property seller is even more in demand when it comes to serious defects, such as mold that has appeared in the meantime. They must ensure that obvious defects are professionally rectified as quickly as possible. This can even go so far - for example, if the heating system fails completely - that property buyers have the option of claiming compensation or, in extreme cases, withdrawing from the purchase contract.

2. Procedure & Tips for handing over a house/apartment when selling real estate

The following instructions show you step by step how a house/flat handover is carried out and what needs to be taken into account:

Tips for the house/flat handover: step-by-step guide

  • Have the handover date confirmed by the buyer and real estate agent. If one of the contractual partners is unable to attend, it is advisable to have a representative in this case.
  • If a real estate agent has been commissioned to sell the property, they should be present at the handover.
  • Prepare the house/flat handover protocol for the property and document the condition of the property in detail.
  • Document possible defects and clarify how to deal with them.
  • Read the meter readings, accompanied if possible.
  • Hand over all important documents such as operating instructions to the buyer.
  • Have the key handover countersigned.
  • Explain to the buyer where various connections can be found and the details of important electrical appliances.
  • Have the handover protocol signed by all persons present
3. Which documents are important when handing over the house/flat?

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