Selling an apartment

Selling apartments, vacant or let.

Anyone who buys a condominium becomes part of an owners’ association. Buyers therefore want to know what has been decided, what is coming up and what it costs. We disclose this before anyone asks.

What is different with an apartment

The documents of the owners’ association matter.

What belongs to the apartment, which exclusive rights of use exist, for example for a cellar, a parking space or part of the garden, and how costs are shared is set out in the declaration of division (Teilungserklärung) with the division plan and the community regulations. It is kept at the land registry and usually also by the property management.

Buyers and banks read the minutes of the owners’ meetings of recent years for approved renovations, special levies and disputes. The monthly service charge (Hausgeld) follows from the budget (Wirtschaftsplan) and the annual statement, and the status of the maintenance reserve from the manager’s asset report (§ 28 Abs. 4 WEG). A low reserve with upcoming work is a frequent point of negotiation.

If the declaration of division requires consent to the sale, usually by the manager (§ 12 WEG), the sale remains invalid until that consent is given. We request it in good time so that the notary appointment does not depend on it.

If the apartment is let, the tenancy agreement passes to the buyer (§ 566 BGB). If it was only converted into a condominium after it had been handed over to the tenant, the tenant has a right of first refusal (§ 577 BGB). More in the article Selling a let apartment (German).

Which apartments we sell.

  • Condominiums in period and new buildings
  • Let apartments as an investment
  • Vacant apartments for owner-occupiers
  • Attic and penthouse apartments
  • Several apartments from one portfolio
  • Inherited apartments and apartments owned by communities of heirs

What we take care of.

Documents of the owners’ association

  • Declaration of division with division plan and community regulations
  • Minutes and collection of resolutions
  • Budget, annual statement and asset report
  • Requesting consent under § 12 WEG, if agreed

Price and marketing

  • Price assessment based on comparable sales
  • For let apartments: approaching investors with a rent statement
  • Photos, floor plans and exposé
  • Viewings, for let apartments in agreement with the tenant

Closing

  • Financing and identity checks of the buyers
  • Coordinating the draft purchase agreement with the notary’s office
  • Accompanying you to the notary appointment
  • Handover with a written protocol, meter readings and keys
Commission (Maklerprovision)We agree on the commission (Maklerprovision) in writing before marketing starts. When an apartment or a single-family house is sold to a consumer, the following applies: if both buyer and seller pay commission, they pay the same amount (§ 656c BGB). If the buyer is to take over the seller’s commission, it can be at most half (§ 656d BGB).

How it works.

  1. Meeting and viewing

    We get to know the apartment and the building and clarify your goals: price, timing, owner-occupier or investor as buyer.

  2. Documents of the owners’ association

    Declaration of division, minutes, statements and reserve. Whatever is missing, we request from the property management.

  3. Marketing

    Exposé, portals or a direct approach to selected buyers, viewings and feedback to you.

  4. Notary and handover

    Buyer checks, purchase agreement, the manager’s consent where required, notary appointment, handover.

Typical situations when selling an apartment.

Let apartment

The tenant stays, the buyer takes over the contract. We approach investors in a targeted way and present rent, rent payments and service charges so that buyers can check the yield themselves.

Converted apartment

If the tenant has a right of first refusal, the tenant must be informed of the content of the purchase agreement and then has two months to exercise it (§ 577 Abs. 2, § 469 Abs. 2 BGB). Buyers who want to move in themselves must also observe the blocking period for termination, which is ten years in Berlin (§ 577a BGB).

Approved renovation or special levy

If a measure has been approved or is foreseeable, it belongs openly in the exposé. Who bears approved special levies is set out in the purchase agreement. That way the point does not become a dispute at the notary.

Vacant apartment for owner-occupiers

For owner-occupiers, the floor plan, light and condition count. We present the apartment so that both come into their own and state the service charge (Hausgeld) at the same time.

Inherited property and communities of heirs

To sell, the heirs must be entered in the land register or prove their entitlement with a certificate of inheritance (Erbschein) or a notarial will with the record of its opening (§ 35 GBO). If there are several heirs, all of them must agree. We coordinate the process with everyone involved and keep each of them equally informed. More in the article Selling property in a community of heirs (German).

Discreet sale

You do not want your property to appear on the portals? Then we approach selected buyers directly and send the exposé only after a confidentiality commitment.

The documents we need.

Whatever is missing, we obtain. The more complete the documents are at the start, the faster buyers decide.

Printable checklist (German)

  • Current extract from the land register (Grundbuch)
  • Declaration of division (Teilungserklärung) with division plan
  • Minutes of the last three owners’ meetings
  • Budget (Wirtschaftsplan) and last annual statement
  • Asset report with the status of the maintenance reserve
  • Energy performance certificate (Energieausweis), usually via the property management
  • Floor plan and calculation of the living space
  • For let apartments: tenancy agreement with addenda, proof of the deposit, last utility cost statement
  • Passport or ID of the owners (identification duty under the German Anti-Money Laundering Act, Geldwäschegesetz)

Frequently asked questions

Good to know.

Which documents of the owners’ association do I need?

The declaration of division with the division plan, the minutes of the last owners’ meetings, the budget, the annual statement and the asset report with the status of the maintenance reserve. As an owner, you can demand access to the administrative documents from the owners’ association (§ 18 Abs. 4 WEG). Whatever is missing, we request from the property management. Printable checklist (German)

Does the sale require the manager’s consent?

Only if the declaration of division provides for consent (§ 12 WEG), usually by the manager. In that case the sale remains invalid until the consent is given. We check this at the start and request it in good time.

Can I sell a let apartment?

Yes. The tenancy agreement passes to the buyer (§ 566 BGB); the tenant does not have to move out. Buyers are then usually investors. If the apartment was converted into a condominium after it had been handed over to the tenant, the tenant has a right of first refusal (§ 577 BGB).

How is the price of an apartment determined?

Mainly through sales of comparable apartments in the area. For let apartments, buyers also calculate with the rent. Service charge, reserve and approved measures are taken into account as well. The price assessment is free of charge and non-binding and comes personally from the managing directors.

Do I need an energy performance certificate?

Yes, as a rule. For a condominium it is issued for the whole building; you usually receive it via the property management. It must be shown to prospective buyers at the latest at the viewing, and if one exists, its key figures belong in the listing (§ 80 Abs. 4, § 87 GModG, formerly GEG).

How high is the commission and who pays it?

We agree on the commission in writing before marketing starts. When an apartment or a single-family house is sold to a consumer, the following applies: if both buyer and seller pay commission, they pay the same amount (§ 656c BGB). If the buyer is to take over the seller’s commission, it can be at most half (§ 656d BGB). For other properties such as apartment buildings, commercial property or land, the split is freely negotiable.

How long does a sale take?

That depends mainly on price, location and how complete the documents are. With a price in line with the market and complete documents, buyers are found much faster. After the notary appointment it usually takes a few more weeks until the handover, while the purchase price and the land register are settled.

Offer an apartment for sale.

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