Loan agreement for the purchase of real estate
Despite difficult financial circumstances, many have the desire to buy their own home. To make this dream come true, most people resort to a loan agreement. This means they borrow money from the bank to compensate for the difference between the purchase or construction sum and the existing equity.
Anyone who signs a loan agreement for the purchase of real estate enters into a long-term business relationship with the lending bank and undertakes to repay the loan amount, including interest, and other fees to the bank.
Terminate the contract by ordinary termination , in which the full repayment of the contractual debt is made. Since the German case law does not have an unlimited loan contract, there is also no possibility to terminate one with a notice period.
Only in the case of contractual agreements regarding termination can termination be made in accordance with these agreements.
Loan agreement with a fixed borrowing rate
As a rule, only the end of the term of the loan contract sets a time frame for its validity. The borrower also has proper termination in the event that the loan agreement regulates a loan with a variable borrowing rate. The statutory notice period of 3 months must be observed here. This period also applies in the event that a loan agreement with a fixed borrowing rate was concluded more than 10 years ago.
Another variant is the extraordinary termination of a loan contract. Such can be sought by the lender as well as by the borrower. In order to enforce such termination, however, important prerequisites or reasons must exist, for example:
- a mortgage-backed contract with a fixed borrowing rate that has been running for more than 6 months
- a legitimate interest of the borrower (e.g. the desire to use the security provided in a different way)
- a planned sale of the property secured by mortgage
- there is a significant deterioration in the value of the security provided
So there are different ways in which you can terminate a loan agreement. If you want to take this path, you should take a close look at the loan agreement and check for any errors.