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The Handover (Übergabe): Getting Your Keys and Avoiding Disputes
The moment you have been waiting for! Learn why the 'Übergabeprotokoll' is your most important document after the contract and what 'Nutzen und Lasten' really means.
Table of Contents
Once you have paid the purchase price and the property transfer tax, the notary informs the seller to hand over the keys. This event is called 'Übergabe'. It marks the transfer of 'Nutzen und Lasten' (benefits and burdens). From this day on, you own the house, but you also pay for its insurance, taxes, and waste collection.
1. The Handover Protocol (Übergabeprotokoll)
Never accept keys without a written protocol. This document must list all meter readings (electricity, water, gas) to ensure you don't pay for the seller's consumption. It should also list the number of keys handed over and any visible defects not mentioned in the contract. Both parties must sign it.
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2. Hidden Defects
Most used properties in Germany are sold 'bought as seen' (gekauft wie gesehen), excluding liability for defects. However, if the seller maliciously hid a major defect (arglistige Täuschung), like mold painted over just before viewing, they can still be held liable. Document everything immediately.
