Real estate purchase only with handover protocol

Damage to the building, technical defects in electrical systems, or discrepancies in the documentation – several difficulties can arise during property handover that cannot be resolved immediately. To document responsibilities for rectifying defects and, if necessary, to be able to prove them later, a handover protocol is essential. What should be considered?

A handover protocol documents the condition of the property at the time of handover and can later serve as evidence in case of disputes. It also helps to identify and resolve forgotten or overlooked items or damage before it's too late. In short, it protects both parties from potential problems.

Who is authorized to create a handover protocol?

It's advisable to have it drawn up by a real estate professional – even though it's not legally required. They not only know what information it needs to contain, but also what to look out for during the property handover. Laypeople often overlook details or defects and forget to have specific features of the property explained, such as the electrical panel, water connections, or cable routing.

Furthermore, be sure to create multiple copies of the handover protocol – one for you, one for the seller, and one each for utility companies such as gas, electricity, and water providers. The signatures of all parties involved, especially witnesses, are absolutely essential.

What should be included in the handover protocol?

Make sure you receive all the keys. Don't forget keys for the garden shed, garage, or any other outbuildings. If keys are handed over later, this should also be recorded in the handover report. Note any defects in each room, meter readings, and whether the seller is still paying for utilities such as garbage collection, cable TV, etc., and until when.

Furthermore, the following should be handed over: building plans, floor plans and structural calculations, energy certificate, insurance certificates, property tax assessments, old land register files, investigation documents, for example for chimney, heating, sewage system, and invoices for all recently carried out renovation work as well as for newly purchased fixtures such as radiators, windows, kitchen appliances and also warranty certificates, operating instructions and so on.

Professional support

A local, reputable real estate agent not only knows what to look out for during the property handover and the written report, but is also a neutral third party who objectively documents the property's current condition to avoid potential disputes after the transfer.

Are you looking for support in your property search or unsure what to consider when buying real estate? Contact us. We'd be happy to advise you.

Notes

For the sake of readability, this text uses the generic masculine form. Female and other gender identities are explicitly included where relevant to the statement.

Legal notice: This article does not constitute tax or legal advice for any specific case. Please consult a lawyer and/or tax advisor to clarify the facts of your individual situation.

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