Buying an existing home: the handover from the seller

What to do on handover day after the notary appointment when you buy a used flat or house.

BildProof RedaktionUpdated 9/30/20263 min readGermany
In short

Walk through every room with the seller on handover day, note the meter readings and keys, and record the condition in the Übergabeprotokoll. From that day the risk is yours.

What goes in the Übergabeprotokoll?

The protocol records what you took over on that day. Both sides sign it.

  1. 1

    Date

    The day of handover, from which risk, benefits and charges pass to you.

  2. 2

    Meter readings

    Electricity, gas, water and heating, with the meter number, for the utility bills.

  3. 3

    Keys

    Every key with the count, including cellar, letterbox and garage.

  4. 4

    Condition of every room

    Walls, floors, ceilings, windows and fittings, including anything that changed since the viewing.

  5. 5

    Seller's promises

    What he still has to clear out, repair or hand over, such as documents or remote controls.

  6. 6

    Signatures

    You and the seller sign, and each keeps a copy.

Why this matters

Under § 446 BGB the risk is yours from the handover. You can only hold the seller to damage that arose between the notary appointment and the handover if it is established that it was already there on handover day.

General information, not legal advice.

Frequently asked questions

What goes in the Übergabeprotokoll when buying a property?

The date, the readings for electricity, gas, water and heating, the number of keys, the condition of every room and anything the seller still has to do or hand over. Both sides sign.

Can I still claim for damage I saw at the viewing?

Usually not. Rights for a defect you knew about when the contract was signed are excluded (§ 442 Abs. 1 BGB).

What if the seller concealed damage?

If he fraudulently concealed a defect, he cannot rely on the Gewährleistungsausschluss (§ 444 BGB). Get legal advice in that case.

More on this

Also in this topic: Abnahmeprotokoll: which reservations new-build buyers must enterReceived a request to accept your new build: what buyers must doNew-build warranty: walk-through before the 5 years endAll guides: Handover & viewings

Is your handover coming up?

Walk through every room with the seller on handover day and sign the protocol together. BildProof guides you through the rooms and creates a structured condition report.

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