Importance and preparation of a handover protocol for property transactions

Importance and preparation of a handover protocol for property transactions

What is a handover protocol?

A handover report is a fundamentally important document that plays a central role in property transactions - whether buying, selling or renting. It serves as detailed documentation of the condition of a property at the time it is handed over to the new owner or tenant.

The log contains a wide range of information, including

  • the meter readings for electricity, water and gas,
  • the number and type of keys handed over,
  • a precise description of the condition of the premises,details of existing facilities and equipment
  • and a list of any defects or damage.

The preparation of such a protocol is invaluable, as it serves as a legal safeguard and helps to avoid later disputes about the condition of the property or the completeness of the items handed over.

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Who draws up the protocol?

Traditionally, the handover protocol is drawn up jointly by the seller and buyer or between the landlord and tenant at the handover. Both parties inspect the property together, record any relevant observations and document them in the protocol. The mutual signature officially records the agreement on the documented condition of the property. In addition to these traditional parties, a real estate agent or notary can also be commissioned to draw up the report. Their expertise and experience in the property sector can help to ensure that the document is comprehensive, precise and meets legal requirements.

Advantages of having a broker draw up the protocol

Commissioning a real estate agent to draw up the handover report offers several advantages. Estate agents usually have extensive knowledge and experience when it comes to valuing properties and documenting their condition. They can therefore draw up an objective and detailed report that covers all relevant aspects of the property. Their neutrality as a third party can also help to reduce any tensions between the contracting parties and clarify any misunderstandings.

Another benefit is their expert attention to details that may be overlooked by the parties, such as hidden defects or future maintenance obligations. In addition, estate agents are familiar with the legal requirements that must be observed when transferring properties and can ensure that the protocol complies with these. Their involvement can therefore not only strengthen the confidence of both parties in the correctness and fairness of the protocol, but also help to minimise legal risks.

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The transfer protocol plays a crucial role in the property transfer process by providing a clear and legally binding record of the condition of the property. Although it is traditionally drawn up by the parties directly involved, the involvement of a real estate agent can offer significant benefits in terms of accuracy, objectivity and legal certainty. Regardless of who draws up the record, it is crucial that all parties agree to the documented condition and seal their agreement by signing to effectively avoid future disputes.