Die 5 teuersten Fehler beim Immobilienkauf #Baufinanzierung

Summary

The video features a conversation with Andreas Bienert, a lawyer specializing in tenancy and property law, who discusses essential legal and financial considerations for real estate investors in Germany. Key points include the importance of clear contract documentation to avoid invalid purchases, the strategic allocation of purchase prices in contracts for tax optimization, and the implications of depreciation for investment properties. Bienert emphasizes that understanding these factors can help investors navigate the complexities of the real estate market, particularly in a low-interest rate environment, making informed decisions crucial for success.

Takeaways

• 😀 Real estate transactions can become complex, particularly if contracts are deemed ineffective after a buyer has already moved in.
• 😀 It's crucial for buyers to be aware of the implications of a contract being void, which can lead to financial loss.
• 😀 Investors, especially young individuals, are increasingly interested in real estate as a solid investment opportunity.
• 😀 When purchasing property, buyers should clearly outline the purchase price in the contract, separating the value of the property from any included inventory.
• 😀 Properly itemizing costs can help reduce tax liabilities, particularly concerning property depreciation.
• 😀 The tax authority allows for depreciation deductions based only on the value of the property, not the land, which can affect overall tax calculations.
• 😀 Avoiding tax complications involves accurately reflecting market values in the purchase agreement rather than arbitrary figures.
• 😀 Inventory included in the sale can be excluded from the taxable purchase price, thereby lowering the buyer's tax burden.
• 😀 Buyers should consult with their banks before adjusting values in contracts to ensure no negative impact on the collateral value.
• 😀 Engaging a knowledgeable attorney in real estate matters can provide significant advantages in navigating the complexities of property law.

Q & A

What legal issue arises when a buyer moves into a property before the contract is fully valid?

The buyer may need to reverse the entire contract, as moving in can complicate the situation if the contract is deemed invalid.

How can sellers manipulate the situation to their advantage regarding contract validity?

Crafty sellers may intentionally create situations that lead to the contract being invalid, knowing that they can later exploit the buyer's investment and emotional attachment.

What are the two options available if a property purchase contract is invalidated?

The options are to unwind the contract completely, allowing the buyer to get their money back and the seller to regain the property, or to negotiate a new, valid contract.

What is the significance of clearly defining the purchase price in a property contract?

Clearly defining the purchase price, including any inventory sold with the property, helps ensure accurate tax calculations and prevents potential disputes.

Why is it important to allocate the purchase price between the property and additional items?

Allocating the purchase price helps in determining the depreciation for tax purposes, as the tax office allows depreciation only on the property value, not the land value.

What is the typical depreciation percentage allowed by the tax office for rental properties?

The tax office generally allows a depreciation of two percent per year for normal properties and two and a half percent for heritage-listed properties.

What tax implications arise from including furniture or inventory in a property sale?

Excluding furniture or inventory from the sale can reduce the property transfer tax liability, as the tax is calculated on the purchase price excluding these items.

How should buyers approach the bank regarding the purchase price allocation?

Buyers should clarify the allocation of the purchase price with the bank beforehand to avoid potential changes in the lending value that could affect their mortgage.

What are the risks of not specifying the value of included items in a purchase contract?

Not specifying the value of included items may lead to unfavorable tax assessments from the tax office, which could result in a higher tax burden for the buyer.

What advice does Andreas Bienert give to potential investors looking to purchase property?

He advises that they should consider the allocation of the purchase price in their contracts and be aware of the tax implications associated with their investments.