What is it about?
The property questionnaire is not an official document, but it is one of the most important working and liability documents in property sales. It consolidates everything buyers need to know and forms the basis for the exposé, purchase contract details, and viewings.
The central point is the disclosure of defects. Anyone who fraudulently conceals known significant defects risks damages or the reversal of the purchase, despite an agreed exclusion of liability. Honesty here is not only fair, but legally required.
Definition and meaning
The property questionnaire is a systematic self-disclosure by the owner about the property: year of construction, areas, use, condition, repairs carried out, known damages, third-party rights, tenancy agreements, and ongoing costs.
It is the bridge between what the owner knows and what can be communicated in a legally sound manner. Expert assessments (e.g., of damages) are additionally provided by specialists.
Why it matters
Buyers make their purchase decision based on this information. False or incomplete information regularly leads to disputes, reductions, or damages after the sale.
A carefully completed questionnaire specifically protects the seller: Anyone who openly documents known defects can invoke the agreed exclusion of liability. Concealment undermines this protection.
The key sections
You should know and check these components:
Property data and use
Year of construction, living/usable area, number of rooms, current use (owner-occupied/rented), and fittings.
Condition and defects
Damp, mould, cracks, damage, contamination, known technical defects, and their history.
Alterations and permits
Modernisations and extensions carried out, including information on whether they are approved.
Rights, tenancy agreements, costs
Tenancy agreements, third-party rights, service charge/reserve fund for owners' association (WEG), ongoing operating costs, and outstanding special assessments.
Inventory and repair requirements
Inventory sold with the property, as well as known, upcoming repair requirements.
Example
Defect information – correctly documented
A seller had a water damage professionally repaired years ago. Currently, nothing is visible – nevertheless, this incident must be included in the information. This is what correct disclosure looks like.
Incident
Water damage 2019 in the bathroom
Even remedied damages must be disclosed if they were significant – concealment can be considered fraudulent.
Cause
defective supply line, replaced
The cause and its remedy create trust and legal certainty.
Proof
Tradesman's invoice is available
Documents support the information and relieve the seller in case of dispute.
Current status
no visible residual damage
An honest assessment of the current condition is part of this – without glossing over anything.
Who signs? Can a power of attorney be enough?
Responsibility and signature
The owner provides the facts because only they know the property's history. We structure the inquiry, ask specific questions, and compare the information with documents and viewings. Expert assessments of defects are carried out by specialists.
All owners should review and approve the information, as they are jointly responsible for its accuracy. The agent does not sign for the truthfulness of facts that only the owner can know.
Power of attorney and its scope
A power of attorney can coordinate communication and approval, but a representative may not "invent" or guess the owner's knowledge. Critical statements regarding defects must be personally coordinated with the principal.
A power of attorney should clarify that the representative makes statements only "after consultation and based on the owner's information". For declarations of defects, the owner's personal knowledge remains paramount – it cannot be effectively delegated.
Do it yourself: step by step
- 1
Note down known defects, repairs, and special features room by room.
- 2
Collect invoices, expert reports, maintenance records, and permits.
- 3
Ask tenants, property management, and tradespeople about open issues.
- 4
Explicitly mark unclear points as "unclear" instead of guessing.
- 5
Coordinate the information with all owners before publication.
Your easy way
Or we take care of it for you
- We provide a structured, understandable questionnaire.
- We cross-reference your answers with the land register (Grundbuch), documents, and inspection.
- We highlight points that should be clarified by a notary, architect, energy consultant, or expert.
- We formulate the information so that it is correctly incorporated into the property brochure and contract.
Important caveats
- Fraudulently concealed defects invalidate the agreed exclusion of liability.
- Even remedied, but significant incidents may be subject to disclosure.
- Assumptions should not be presented as facts – rather mark them as unclear.
- With multiple owners, all are liable for the accuracy of the information.
Common mistakes
- Omitting known defects "for sales reasons".
- Stating estimates and assumptions as confirmed facts.
- Throwing away repair receipts that would exonerate you in case of dispute.
- Not coordinating the information with all co-owners.
Frequently asked questions
- Do I have to disclose remedied damages?
- If they were significant, yes. Previous, professionally remedied water damage, including its cause, repair, and proof, must be included in the information.
- Does the exclusion of liability in the purchase agreement protect me?
- Only with honest disclosure. In the case of fraudulently concealed defects, the exclusion does not apply, and there is a risk of damages or rescission.
- What if I am not sure about a point?
- Then explicitly mark it as unclear. This is permissible and protects you better than a false statement of fact.
Note: this article provides general orientation and does not replace legal, tax or financing advice in individual cases. The legal position and authority practice may change. Binding information is provided by a notary, the authority, the bank or a specialist lawyer.