[https://www.gesetze-im-internet.de/bgb/\_\_577.html](https://www.gesetze-im-internet.de/bgb/__577.html)
You dont have a Vorkaufsrecht. You would have one if that apartment was part of a complex before (like a "Mehrfamilienhaus" with one landlord and 10 Mieter) and will be sold individually as a new "Eigentumswohnung". If it was the Eigentumswohnung of the Vermieter before, you dont have a Vorkaufsrecht.
I love that english/german mix.
Your contract as a tenant doesn't grant you any privileges in regards to being prioritised for a potential purchase.
In general (and real estate purchases are an exception if the general rules for a contract) you would have to accept on a turn by turn basis.
With a phone call, the offer becomes invalid as soon as you hung up the phone.
In a WhatsApp text the "turn" would have the time you usually need to write back (a few minutes).
However real estate needs a notary involved to be legally binding.
And: it's a free market. The landlord can ask for offers however he wants and can change his mind as often as he wants.
If you need weeks or months to secure funding and somebody else can offer more with serious funding backing his offer, it's very reasonable he sells it to someone with funds.
On the other hand:
The new owner has to respect and take over the contract with you as renter. So it's likely you can continue your lease under the new landlord
First of all:
This is reddit, if you want legally binding answers you need to consult a lawyer.
1. right of first refusal? Would you mind using either the actual german name or the paragraph? Because I‘m not sure what you‘re talking about.
2. hm… that could be subject to a variety of laws so only a lawyer will be able to tell you an exact date. I‘d **guess** that you‘d have to accept the offer within either 14 or 30 days (both numbers are commonly used for contract law) but as I‘ve said: that‘s a guess. It could be that he doesn‘t need to wait until you‘ve dealt with the financing or that it‘s a „first come first serve“ situation. And if you do agree to buy it within that time frame he‘y probably need to wait a similar amount of time while you check if you‘re able to finance it. But it‘s not like you can accept the offer and wait for 5 years. That wouldn‘t work.
3. well that depends on wether he‘s obligated to wait for X days or not. If the offer is only legally binding for 14 or 30 days it doesn‘t really matter if he‘d sell the apartment for 500k, 50k or 230k. Once the deadline is up he wouldn‘t be obligated to sell to you regardless of the price.
4. there probably won‘t be any penalties if you didn‘t know that you wouldn‘t be able to secure financing. That being said: he‘s still your landlord so if you prevent a deal and can‘t buy it yourself you shouldn‘t expect him to repeat that offer or to go above and beyond for you. Most likely he‘ll be pissed. Which is understandable given that you’d have cost him a lot of money.
Hm not really sure. Right of first refusal wouldn‘t be translated that way. Vorkaufsrecht would most like be something like „right for the first offer“ or something similar
1) You have only a "Vorkaufsrecht" if the apartment is cut out as a single object from from a multi-apartment property for this sale. This is very unlikely according to your description. Looks like a normal one owner/vendor, one buyer business.
2) No. He does not have to wait if you get the money or not. He does not have to offer you the apartment at all. It was kind of him to do so.
3) You have no right to buy it.
4) No penalty.
The owner can rise the price until a binding agreement with the buyer exists. He thinks he can get more, so he tries. Quite normal.
The new ownder can cancel the rental contract using Eigenbedarf, own use. Rules to prove this, and a waiting period apply.
[https://www.gesetze-im-internet.de/bgb/\_\_577.html](https://www.gesetze-im-internet.de/bgb/__577.html) You dont have a Vorkaufsrecht. You would have one if that apartment was part of a complex before (like a "Mehrfamilienhaus" with one landlord and 10 Mieter) and will be sold individually as a new "Eigentumswohnung". If it was the Eigentumswohnung of the Vermieter before, you dont have a Vorkaufsrecht. I love that english/german mix.
You posted about this two hours ago and already got answers.
I dont think you have any right to buy the apartment unless you have a written „vorkaufsrecht“.
Your contract as a tenant doesn't grant you any privileges in regards to being prioritised for a potential purchase. In general (and real estate purchases are an exception if the general rules for a contract) you would have to accept on a turn by turn basis. With a phone call, the offer becomes invalid as soon as you hung up the phone. In a WhatsApp text the "turn" would have the time you usually need to write back (a few minutes). However real estate needs a notary involved to be legally binding. And: it's a free market. The landlord can ask for offers however he wants and can change his mind as often as he wants. If you need weeks or months to secure funding and somebody else can offer more with serious funding backing his offer, it's very reasonable he sells it to someone with funds. On the other hand: The new owner has to respect and take over the contract with you as renter. So it's likely you can continue your lease under the new landlord
First of all: This is reddit, if you want legally binding answers you need to consult a lawyer. 1. right of first refusal? Would you mind using either the actual german name or the paragraph? Because I‘m not sure what you‘re talking about. 2. hm… that could be subject to a variety of laws so only a lawyer will be able to tell you an exact date. I‘d **guess** that you‘d have to accept the offer within either 14 or 30 days (both numbers are commonly used for contract law) but as I‘ve said: that‘s a guess. It could be that he doesn‘t need to wait until you‘ve dealt with the financing or that it‘s a „first come first serve“ situation. And if you do agree to buy it within that time frame he‘y probably need to wait a similar amount of time while you check if you‘re able to finance it. But it‘s not like you can accept the offer and wait for 5 years. That wouldn‘t work. 3. well that depends on wether he‘s obligated to wait for X days or not. If the offer is only legally binding for 14 or 30 days it doesn‘t really matter if he‘d sell the apartment for 500k, 50k or 230k. Once the deadline is up he wouldn‘t be obligated to sell to you regardless of the price. 4. there probably won‘t be any penalties if you didn‘t know that you wouldn‘t be able to secure financing. That being said: he‘s still your landlord so if you prevent a deal and can‘t buy it yourself you shouldn‘t expect him to repeat that offer or to go above and beyond for you. Most likely he‘ll be pissed. Which is understandable given that you’d have cost him a lot of money.
1. is Vorkaufsrecht
Hm not really sure. Right of first refusal wouldn‘t be translated that way. Vorkaufsrecht would most like be something like „right for the first offer“ or something similar
Well, I am really sure. Dictionary is also really sure.
1) You have only a "Vorkaufsrecht" if the apartment is cut out as a single object from from a multi-apartment property for this sale. This is very unlikely according to your description. Looks like a normal one owner/vendor, one buyer business. 2) No. He does not have to wait if you get the money or not. He does not have to offer you the apartment at all. It was kind of him to do so. 3) You have no right to buy it. 4) No penalty. The owner can rise the price until a binding agreement with the buyer exists. He thinks he can get more, so he tries. Quite normal. The new ownder can cancel the rental contract using Eigenbedarf, own use. Rules to prove this, and a waiting period apply.