Trouble With Buyer Of House In Germany

[Kf6vci]

Howdy,

this buyer owes me a lot more than the purchase price of the house. When he paid the amount for the house, I applied the payment towards his debt. - Now the German government appointed notary rules that I must deliver the house although he never paid a single cent for it AFAIK.

Any comments or suggestions?

To complete the wild saga, the Balkan buyer claims he handed the amount needed to repay the loan the day the contract was sign to a fellow who claims this is what I wanted. Yeah, right.

Any business would follow my approach, wouldn't it? I mean, it's for the lender to decide how to use payments by a borrower, isn't it?

Cheers,

Chris

[asia_pilot]

"He claims"

Does he have prrof of payment? If not, where is your problem? Any lawyer can help you with that.

[kandahar]

I'm not sure I completely understand what you are saying. But I think you are saying that guy had a debt with you prior to the purchase of the house. When he purchased the house, you used that "house money" to pay off, or pay down, his other "previous" debt. If that is the case, then I see you as being in the wrong. The "other" debt is still open and the house is paid for. You need to seek payment of the other debt and let the house thing go. He bought the house per agreement with you but you used that money to pay something else. I would be really pissed if a bank tried that with me.

Now, did you stipulate that the house title would be a guarantee of payment against the other debt? If so, your lien offers you some recourse.

In my opinion, you need to calm down, maintain a decent relationship with the guy and proceed to work on getting payment for the "other" debt. Don't poison the relationship over this. He's right, you are wrong.

That is how I see it. But maybe I misunderstand your wording here.

[lovelomsak]

I cannot make any sense from this post. Looks to me like someone owed you a lot of money. So you then sold him a house but didnot ask for more money just pay for the house and that will release past debts. Have I got this right so far?

He says he paid for house and psat debts when purchasing the house through payment to another individual. Is this right?

He also appears to have a signed contract. What was written in the contract? Did you owe money he paid out to a third party?

Oh nice house by the way.

Edited May 23, 2010 by lovelomsak

[kandahar]

Yeah, I'm kind of envious of the nice house in the pic. Makes my place look like a shack.

[beppi]

In Germany real estate sales contracts are always with public notaries and, once the contract is signed and the money flown (as it has in your case), the house belongs to the buyer. There is nothing you can do about it!

The other debt is a legally separate matter. You may or may not be able to recover it, but you cannot link the two in any way, especially you cannot re-declare the purpose of a payment he gave you for the house purchase.

You were probably stupid for agreeing to sell your house to somebody who owes you lots, but at least you sold the house and got the money for it, just as it would have been with any other buyer.

[getgoin]

What does a German notary decision have to do in Thailand?

[Naam]

"To complete the wild saga, the Balkan buyer claims he handed the amount needed to repay the loan the day the contract was sign to a fellow who claims this is what I wanted. Yeah, right."

yeah right! don't you have something more credible to add to your bullshit² story? the german notary will not transfer any property into anybody's name until he (the notary) has proof that the property was paid for IN FULL. any "claim" otherwise is null and void except if a receipt (signed by you) has been submitted. null and void is also your claim that you "applied the payment against any other debt".

[Scully]

Yeah, I'm kind of envious of the nice house in the pic. Makes my place look like a shack.

Don't get too jealous kandahar he is only renting.