Listing's Living Area Exceeds the WoFlV Calculation by Over 10%
What does it mean?
The living area advertised in the Exposé is more than 10% larger than the area the Wohnflächenberechnung actually computes under the WoFlV. The price is set on the advertised m², so you would be paying for area that the legal calculation does not support. German case law (BGH) treats a living-area shortfall of more than ~10% as a material defect (Sachmangel) that can justify a purchase-price reduction.
Is this a problem when buying?
High risk. Have this point reviewed legally before you sign.
What you should do as a buyer
Recompute the price per m² on the WoFlV figure, not the listing's. Raise the discrepancy with the seller and have the lower area written into the purchase contract. A shortfall above ~10% can support a price reduction — consider legal advice before signing.
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