Attorney Dirk Salewski advises on buying real estate and knows the risks. There is a risk of disputes and loss of value, particularly in small residential complexes.
Kierspe – Regardless of whether it is a house or a condominium, whether buying or selling: when it comes to real estate law, there are numerous factors that need to be taken into account. Dirk Salewski is an expert in this field. He is a specialist lawyer for tenancy and home ownership law as well as for construction and architectural law. The Kiersper lawyer also gives courses at the Volmetal Adult Education Center, including in Halver.
Expert warns: Small condominiums can become a problem
In the interview with Dominic Rieder it becomes clear that Dirk Salewski has numerous tips on the subject of real estate law.
As a real estate lawyer, you have a lot of experience in this area. What basic advice can you give to someone looking to buy or sell a property?
In any case, when buying a property you should get more detailed information than is often the case. Therefore, you should ideally take a publicly appointed and sworn expert or an architect with you to a second viewing appointment, who will take a professional look at the property and show the buyer what work the buyer will certainly have to do in the next five years. This approach also has the advantage for the seller that if there is a later dispute about defects etc., he can rely on this extensive inspection by the buyer.
The decision about the purchase price that you are willing to pay should depend on the approximate objective value of the property, what investment costs you will certainly have to expect, and what purchase price, including additional purchase costs and renovation costs, you can afford and at the same time be able to save money each month for unforeseen costs such as car repairs, broken kitchen appliances, etc.
How can you find out in advance about the approximate value of a property?
A first indication of the objective value can be found on the homepage of the Higher Expert Committee for Property Values in North Rhine-Westphalia, which can be accessed at www.boris.nrw.de. Surcharges or discounts still need to be made based on market demand and property-specific data. But this gives you some initial guidance.
And before concluding a purchase contract, in my opinion you should have the contract checked again by your own lawyer. Notaries often use their standard office contract. Some regulations are non-negotiable due to legal requirements. However, other points and individual agreements can be taken into account. And in the end, a lot of what the notary explains during the appointment is not properly understood by the non-lawyer, nor is it of any significance. On the one hand, because there is a lack of awareness of the legal problem, but also because of the excitement surrounding the notary appointment.
What tips do you have when it comes to buying or selling a home?
To really determine the current state. Each “generation” of houses has its strengths and weaknesses. An example: Properties built around the 1970s regularly have a more or less pronounced issue of basement moisture. For example, properties built between the 1960s and 1980s or properties renovated during this period may have a problem with asbestos. And asbestos was not only used in facade insulation. Asbestos can also be found in floor adhesive, tile adhesive, screed, etc. Prefabricated houses from this period can be a pure toxic cocktail.
Properties with balconies that were built in the 70s and 80s will have to prepare for necessary sealing work in the foreseeable future. Likewise the “old” roofs. And since January 1, 2026, when renovating the roof of old buildings, it has also been necessary to check whether the roof must be equipped with a solar system regardless of the installation of a new heating system due to the Solar System Ordinance NRW (SAN-VO NRW for short). You should also look at the construction documents and check whether the planned condition corresponds to the actual condition. Perhaps there is black construction in whole or in part, perhaps unintentionally by the previous owners. Its legalization, if possible at all, can involve considerable costs. In the worst case, there is a risk of demolition. Everything that was agreed verbally should be communicated to the notary so that it is reflected in the notary contract.
And what is advisable when it comes to a condominium?
I wouldn’t buy a condo in a property with only up to five units. Experience has shown that the smaller the homeowners’ association (in short: WEG), the more divisive and complicated the relationship between them is in my consulting practice. This starts with a bad mood, progresses to a lack of decision-making ability and can extend to insults, throwing eggs and cleaning water at you and physical threats. My consulting and representation experience shows an inexhaustible potential for creativity. But residential complexes with up to ten units will also become increasingly difficult to manage and may therefore be difficult to sell.
What makes administration so difficult – apart from possible disputes in the WEG?
We are heading towards a shortage of WEG administrators or administrator capacities. The density of regulations led to a shortage of WEG administrators and employees. And fewer and fewer employees are interested in attending WEG meetings during the peak period between March and September (with the exception of the holidays), sometimes until late in the evening. And without a WEG administrator it means: self-management, everything decided and commissioned unanimously.
It is also important to look at the declaration of division, the community regulations and the resolution to get an idea. You should also look at the legally required overview of assets and the last two or three annual statements to check what capital requirements are in the WEG and, for example, whether the money that should be in the maintenance reserve for accounting purposes is also available.
Let’s come back to the notarial aspect: What should you pay attention to when hiring a notary?
When it comes to the notary, first of all, all notaries cost the same. And it is the parties who agree on a notary. The popular belief that the buyer has the right to choose a notary is not true. It should also be noted that the person who commissions the notary must also pay him regularly if the notary appointment does not take place at all. And if you fall out at the notary appointment, both of you have to expect to have to pay the notary. You should also discuss openly with the notary what you have agreed and what has been promised. The notary contract generally claims to be complete. Declarations outside of the contract, for example descriptions in the exposé, then probably no longer play a role.
And what should buyers and sellers pay particular attention to when making the contract?
It is important that as a buyer you should have everything promised in the purchase contract. The assurance in the contract leads to a “guarantee liability” regardless of fault. As a seller, however, you should avoid making any representations in the notary contract. Good legal advice also intervenes at these interfaces in order to protect your own interests in the best possible way while taking economic efficiency into account.
Furthermore, the financing commitment should be available before the purchase contract is concluded. However, the loan agreement should not have been signed yet or you should still be within the cancellation period. If the loan agreement is “fixed” but the conclusion of the purchase agreement fails, the bank would regularly be able to claim an early repayment penalty.
If the seller is to move out, a date should be included here by when the seller is to move out and the seller must also submit to compulsory enforcement in accordance with the obligation to vacate in the purchase contract. Then – but only then – the purchase contract is also an “eviction judgment”. And you should definitely avoid the fact that the purchase price will not be due without evacuation. In fact, the amount could then not be processed. And as a buyer you also want to access the land register and the property. And this is only possible if the purchase price has been paid.
Let’s go back to the topic of inspection: What defects do experience show that often arise? What should you look at closely during a viewing appointment?
In consulting practice, the following points are often addressed:
- Asbestos contamination/pollutant contamination
- Black buildings
- Issues related to eviction
- the extent of the defect is larger than expected
- Incorrect assignments of the apartments in the distribution plan or land register, so that the wrong apartment is purchased without being legally noticed
- Sale of “pallet parking spaces” in the underground car park and the decision of the Federal Court of Justice that these “pallet parkers” are not eligible for ownership and therefore no parking space could be effectively sold
- Inadequate building construction with liability on the part of the developer
- Cellar and wall moisture
- defective heating systems
- outdated pipes
- Property boundary issues
- Right of way problems
- unknown construction loads
What extraordinary cases do you think of in your time as a lawyer so far? Was there anything particularly tricky?
Each case may have its own characteristics. It suddenly occurs to me that a notary and the real estate agent forgot to include the fillet property, which had its own plot according to the land registry office and on which the path to the house was located, in the draft purchase agreement. And currently a case that is also in court. My client, a real estate company from Berlin, bought a residential and commercial building in Bremerhaven. After the purchase contract was concluded, the seller no longer wanted to be bound by the contract. However, my client still wanted to have the property and paid the purchase price as contractually agreed. The seller transferred the purchase price back, which is absolutely crazy behavior. However, he believed that this would prevent the transfer of ownership. The notary executed the purchase contract. My client became the owner of the house and had the purchase price in her account. And now the seller wants the house or the money back. We don’t want to give either back like this. Not the house. And not the purchase price either, as my client was deceived about various points during the sale – I wasn’t “on board” at that point. So we have counter-rights. The court has indicated that it considers the purchase agreement and the transfer of ownership to be valid. So now we are arguing about the “bottom line” number to be paid to the seller.
For a long time, real estate prices only knew one direction: upwards. This still applies in Soest, but there is an exception.