Checking a condominium purchase contract: the ten clauses that matter

Moe Afonso · 2026-10-13

The notary has sent you the draft. 25 pages, many paragraphs, plus attachments. The appointment is in two weeks. Most buyers read the draft once quickly and rely on the notary.

This is understandable, but risky. The notary formulates neutrally and explains each clause to you. Whether the contract fits your apartment, your financing and your tenant is not checked by the notary. And after signing, nothing can be changed.

Here we go through the ten places where a purchase contract for a condominium moves money. An example shows what amounts can depend on three of them.

01Who writes the contract and what the notary does not check

The draft is written by the notary, usually at the request of the seller and according to their specifications. This is normal. It means, however, that regulations in your favour are often only included in the contract if you ask for them.

If you buy as a consumer from an entrepreneur (developer), the draft should be with you two weeks before the appointment (§ 17 (2a) BeurkG). For a private seller, this period does not apply. Take the time anyway. The process from the draft to the land registry is described in the guide Process when buying property.

02The ten clauses at a glance

Clauses 8 to 10 are standard in almost every contract. Purchase costs are usually borne by the buyer (§ 448 (2) BGB). Submission to compulsory enforcement (§ 794 (1) No. 5 ZPO) means that the seller can enforce without a trial if you do not pay. Therefore, the binding financing belongs before the appointment. For clauses 1 to 7, it is decided whether the contract fits your apartment.

03Object of purchase: What exactly you are buying

The contract describes the object of purchase with land registry data. You buy a co-ownership share (Miteigentumsanteil) in the land, for example 42/1,000, combined with the separate property (Sondereigentum) in a specific apartment. Check three things against the declaration of division (Teilungserklärung) and the allocation plan (Aufteilungsplan):

• Does the number of the apartment in the allocation plan match the apartment you viewed?
• Are the cellar, parking space or garden area included? Often these are special use rights (Sondernutzungsrechte). If they are not in the contract, you have no claim to them.
• Does the sale require the approval of the administrator (§ 12 WEG)? If so, it belongs to the requirements for maturity.

A look at Section II and III of the land registry is essential. Section II contains third-party rights such as rights of residence or easements (Dienstbarkeiten). Section III contains the seller's land charges. The contract must regulate that these are deleted before you pay.

04For let apartments: Tenancy agreement, deposit, arrears

Purchase does not break rent. With the change of ownership, you enter into the existing tenancy agreement (§ 566 BGB). The contract should therefore not only say that the apartment is let. It should state on what terms.

The deposit (Kaution) is the point that is most often overlooked. It may not exceed three months' rent (§ 551 BGB). If the seller does not pass it on to you, you must still pay it back to the tenant. If the transfer is in the contract, you have a clear claim against the seller.

05Service charges, reserve and special levies

Towards the community, you pay service charges (Hausgeld) from your entry in the land registry. Between you and the seller, the contract usually regulates a different reference date, the transfer of benefits and burdens. For the time in between, you balance this internally.

More difficult is a special levy (Sonderumlage) that was decided before the purchase. The BGH has decided that the person who is the owner when the administrator calls for the levy pays (judgment of 15/12/2017, V ZR 257/16). If a roof renovation is decided in June and only called for after your entry, you pay to the community. Whether you can get the money back from the seller depends solely on the purchase contract.

The same principle applies to back payments from an annual statement. Whoever is the owner at the time of the resolution owes the back payment. A sentence in the contract such as "Back payments and credits for the time until the reference date belong to the seller or are borne by them" creates clarity.

What is in the minutes of the owners' meetings and how you read decided or imminent levies from them is shown in the guide Checking minutes of the owners' meeting.

06Calculation example: what three clauses are worth

Let's take Thomas. He buys a let two-room apartment with 58 sqm in Hesse for €210,000, including a fitted kitchen. The rent is €580 cold. His apartment has a co-ownership share of 42/1,000. In June, the community decided on a roof renovation and set a special levy of €90,000 for it, callable in March. Thomas is expected to be entered in the land registry in February. The name is fictional, the figures are a calculation example and not a forecast.

Without matching clauses, Thomas pays the levy of €3,780 to the community and has no claim against the seller. He owes the deposit of €1,740 to the tenant when they move out anyway. If it is missing from the contract, he pays it out of his own pocket.

Around three percent of the purchase price depends in the example on sentences that are often missing from the standard draft. The largest item is provided by the special levy. It is also the reason why you should read the minutes before the contract, not after.

What else is added to the purchase price can be calculated with the purchase cost calculator.

What does your purchase cost besides the purchase price? Enter the purchase price, federal state and land charge, and you will see notary, land registry and real estate transfer tax individually.

07Defects and exclusion of liability

Almost every purchase contract for a used apartment excludes liability for material defects. You buy the apartment in the condition at the time of viewing. This is legally permissible and common.

The exclusion has limits. It does not apply if the seller has fraudulently concealed a defect or guaranteed a quality (§ 444 BGB). Defects that you know about at the time of concluding the contract can no longer be asserted later (§ 442 BGB). Two practical rules follow from this:

• Ask questions in writing. Damp spots, old water damage, known problems with the roof or pipes. The seller's answers should be in the contract, for example as a declaration "The seller is not aware of any moisture damage".
• Agree on important things as quality (Beschaffenheit). Living space, let space, year of construction of the heating. What is in the contract as a quality applies despite the exclusion of liability.

Also pay attention to the transfer of risk. Until the transfer, the seller bears the risk of the apartment being damaged (§ 446 BGB). The contract should link the transfer to the purchase price payment.

08When a lawyer is useful

09Risks and typical mistakes

• Notarising without binding financing. The purchase contract usually contains no reservation for a refusal by the bank. Due to the submission to enforcement, the seller can act quickly against you.
• Verbal promises. What is not in the contract is hard to enforce. This applies to rent increases, renovations and inventory.
• Missing regulation on levies. See example. Ask the administrator for open resolutions before the appointment.
• Deposit not transferred. You are still liable.
• Running costs underestimated. Even a clean contract does not protect against vacancy, rising interest rates after the fixed interest period and maintenance of the common property. Calculate these items honestly before the purchase.

10Read more

• Process when buying property
• Notary costs when buying property
• Checking minutes of the owners' meeting
• Buying a let condominium
• Draft purchase contract in the glossary
• Priority notice of conveyance in the glossary

11Sources

All sources accessed on 13/10/2026.

• § 311b BGB, § 442 BGB, § 444 BGB, § 446 BGB, § 448 BGB
• § 551 BGB, § 566 BGB, § 566a BGB
• § 17 BeurkG, § 794 ZPO, § 12 WEG
• § 2 GrEStG, real estate transfer tax rate Hesse 6.0% (status 29/09/2026)
• BGH, judgment of 15/12/2017, V ZR 257/16 (Liability of the purchaser for special levies)
• BFH, judgment of 16/09/2020, II R 49/17 (Maintenance reserve and real estate transfer tax); BFH, resolution of 03/06/2020, II B 54/19 (Accessories)
• Example calculation: own calculation, status 13/10/2026

Note: This guide is general information and does not replace legal or tax advice. All figures are example calculations with disclosed assumptions, status 13/10/2026.