Listing Claims Ownership, but the Declaration Is Leasehold
What does it mean?
The Exposé presents the unit as full ownership (Eigentum), but the Teilungserklärung constitutes it as a leasehold (Erbbaurecht) — you would own the building, not the land, and pay a ground rent. This materially changes value and financing.
Is this a problem when buying?
High risk. Have this point reviewed legally before you sign.
What you should do as a buyer
Clarify the tenure with the seller and read the Erbbaurechtsvertrag before proceeding. Confirm with your bank that the leasehold is financeable.
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