House sale without estate agent

Sold privately - and then the notary appointment stops: When an old land charge certificate is missing

An owner advertises his house privately and a buyer is quickly found. Shortly before the notary appointment, there is a setback: there is still an old land charge in the land register. The seller says: "The loan has long since been paid off."

The hurdle: There is a land charge certificate for the land charge - and it can't be found. File folders, calls to the former bank, archive research: without result. In the end, the only option is to apply to the local court to have the lost letter declared invalid. This takes months - the sale falls through.

Risks for sellers in private sales

• Lost land charge letters: No unencumbered sale without deletion.
• Liability for defects: concealed damage can be expensive years later.
• Incorrect pricing: Emotional overpricing or offers that are too low cost time or money.
• Unchecked buyers: Without a credit check, there is a risk of broken contracts.

Risks for buyers when buying privately

• Overlooked encumbrances: Old land charges, easements or residential rights.
• Incomplete documents: Missing energy certificate, building and renovation certificates.
• Hidden defects: Damage remains undetected without a neutral appraisal.
• Financing risks: Banks demand complete, clean documents.

How to avoid delays caused by old land charges

• Check at an early stage: Obtain a current extract from the land register (section III) and identify entries.
• Secure deletion documents: Ask the bank/creditor for permission to cancel; in the case of a land charge by letter, provide the land charge certificate.
• Letter gone? Instruct a notary - if necessary, initiate a summons procedure at the local court (duration: several weeks to months).
• Create a folder of documents: Energy certificate, building documents, warranty/maintenance certificates, plans, declaration of division (WEG) etc.
• Check buyer creditworthiness: Request financing confirmation/proof of creditworthiness before the notary appointment.

Conclusion: Selling real estate is more complex than it seems. A missing land charge certificate can throw a spanner in the works - and cost you the deal. Professional assistance recognizes pitfalls early on, clarifies documents and leads safely to the notary appointment.

Note: This article does not replace legal advice. If in doubt, consult a notary or specialist lawyer.