Legal Advice on Key Transfer

Questioner

Good morning We want the actual key transfer to take place after the transfer The current owners will only be living in the house for another 3 months at most. What is the best way to resolve this? Fixed-term rental agreement or is delayed transfer against penalty a solution? We buy the house without a mortgage. I would like to hear from you, thank you very much and have a nice day Greetings from Vr

Lawyer

A rental agreement (have it drawn up) for a very short period or a user agreement, in both cases the law must be properly referred to and the nature of the temporary use/occupation must be described in the rental agreement. I can draw this up for you. In any case, please remember that the building and contents insurer is/is informed of the fact that the owner does not live in the home because this increases the risk for the insurer. (tenants and users deal with things differently)

Lawyer

I would not arrange it with each other through tenancy law. Tenancy law has a very precise application of the law and has many and extensive protection provisions. I would prefer to postpone the transfer of ownership and have it coincide with the handover of keys. Apart from any (rental) protection, you will also have to deal with the state of delivery of the sold property. Your claim for delivery defects becomes much more difficult if the property is first rented out. If, for reasons of your own, it is not possible to have the transfer of ownership and the handover of the keys take place at the same time, I would include compensation for the later delivery in the purchase price and stipulate a later delivery in the purchase agreement. I would only consider a lease contract as a last resort.