Property Description

The property description is a central component of every real estate listing and contains all essential information about a property: location, year of construction, condition, amenities, square footage, and legal specifics. It forms the basis for prospective buyers’ purchase decisions and must be factually accurate and complete. Incorrect or misleading property descriptions can lead to liability claims against the seller or real estate agent.

Contents of a Legally Sound Property Description

A complete property description must include at least the following:

• Area specifications: lot area and living area (in accordance with the Living Area Ordinance or DIN 277; the applicable standard must be specified), number of rooms
• Building data: Year of construction, building type (solid construction, wood-frame construction, etc.), number of floors, presence or absence of an elevator
• Condition and modernizations: Most recent renovations, condition of roof/facade/windows/heating system
• Energy data: Energy performance certificate values (energy demand or consumption in kWh/(m²a)), energy efficiency class, energy source, year of construction of the heating system
• Features: Hardwood floors/tiles/laminate flooring, built-in kitchen, balcony/patio/garden, basement, parking space/garage
• Rental Information (for rented properties): Net base rent, term of the lease, advance payment for utilities
• Condominium-Specific Information (for condominiums): Monthly maintenance fee, amount of the maintenance reserve, information on property management
• Legal Special Features: Historic preservation status, hereditary building rights, registered easements, or rights of first refusal

For condominiums, the most recent annual financial statements and WEG meeting minutes are also essential sources of information that should be made available to interested parties upon request.

Property Description and Seller Liability

Sellers are liable for knowingly false information in the property description-even if the real estate agent drafted the text. Known defects (damp masonry, mold, contaminated sites on the property, faulty electrical installations) must be disclosed. This also applies to public-law restrictions such as historic preservation, ongoing building permit proceedings, or official requirements.

Fraudulent misrepresentation through the concealment of known defects renders the purchase agreement voidable under Section 123 of the German Civil Code (BGB) and may result in substantial claims for damages. The liability risk persists even after the conclusion of a purchase agreement with a warranty exclusion, as fraudulently concealed defects remain actionable at all times.

We ensure that all property descriptions we create comply with current legal requirements and do not expose our clients to any liability risks. To this end, we conduct a structured checklist prior to publication and document the information sources provided to us.

Energy Performance Certificate Requirement in Real Estate Listings

Since the EnEV 2014, the mandatory inclusion of energy performance certificate parameters in real estate listings has been required by law (currently § 80 GEG). The following data must appear in the listing:

• Type of energy performance certificate (demand or consumption certificate)
• Energy consumption or demand in kWh/(m²a)
• Primary energy sources of the heating system
• Year of construction of the building
• Energy efficiency class (A+ to H)

Violations are subject to fines of up to 15,000 euros. Owners who sell or rent without a valid energy performance certificate are committing an administrative offense.

Quality of the Property Description as a Marketing Factor

A precise, appealingly written property description is a decisive competitive factor on platforms such as ImmobilienScout24 or Immowelt. Studies show that professional descriptions increase click-through rates and generate more qualified inquiries. Photos, floor plans, and descriptive text must be consistent in content. Discrepancies between text and images (e.g., a different floor area than shown) create mistrust and deter potential buyers.

We draft property descriptions that are informative, legally sound, and sales-promoting-based on a structured initial inspection and featuring professional photos that showcase the property in its best light.

Practical Tip for Property Owners in Nuremberg and Franconia

Property owners selling on their own in Nuremberg or the metropolitan region often underestimate the effort required for a complete property description. Especially for older buildings in neighborhoods like Wöhrd, St. Leonhard, or Maxfeld, up-to-date documentation (floor plans, energy performance certificates, proof of building rights) is often missing. We help you compile all relevant documents and create a property description that builds trust and optimally positions your property.

A frequently underestimated source of error is the living space specification: For older buildings from the 1960s to the 1980s, areas are often stated according to DIN 283 or by estimation, which differ from the WoFlV living space standard. If you are unsure, we recommend having a new floor area calculation performed-this protects against disputes and provides clarity.

Frequently Asked Questions

Does the property description have to include an energy performance certificate?

Yes. Since the EnEV 2014, the mandatory inclusion of energy performance certificate values in real estate listings has been required by law. Violations can result in fines of up to 15,000 euros. The energy performance certificate must be presented in original or copy form no later than at the time of the viewing.

As a seller, am I allowed to estimate the living area?

No. The living area should be stated based on a recognized calculation method (Living Space Ordinance or DIN 277, with reference to the standard). A deviation of more than 10% from the actual area can lead to the purchase contract being contested-or to claims for damages if the buyer can prove they relied on the stated area.

How long should a property description be?

A good property description for portals like ImmobilienScout24 typically comprises 300 to 600 words in the free-text section. It should be complete but not exhaustive-the key is that all information relevant to the purchase decision is clearly stated. Long texts lacking substance reduce readability; missing information leads to unnecessary follow-up questions.

What happens if I fail to mention a known defect in the property description?

Anyone who is aware of a material defect and deliberately conceals it is acting fraudulently. In this case, the buyer can contest the purchase agreement (Section 123 of the German Civil Code) and claim damages-even despite the liability disclaimer agreed upon in the purchase agreement. A warranty exclusion does not protect against the consequences of fraudulent misrepresentation.

What information is particularly important in the property description for a homeowners’ association?

For condominiums that are part of a condominium owners’ association (WEG), a good property description includes, in addition to general information, specific WEG data: the amount of the monthly maintenance fee broken down into administrative costs, maintenance reserve, and operating costs; the current balance of the maintenance reserve for the entire WEG; and information on approved or planned special assessments. This information is relevant to prospective buyers’ purchasing decisions: A low reserve fund indicates future special assessments that the buyer will incur after the transfer of ownership. In Nuremberg’s older WEGs, which often date from the 1950s to the 1970s and have a significant backlog of renovation work, this aspect is particularly important. When marketing condominiums, we ensure that current HOA minutes, the latest annual financial statement, and the budget for the current year are made available in full upon request-this builds trust and prevents future challenges based on fraudulent misrepresentation through withholding of information.

Back to the Real Estate Glossary.