22 Mar The purchase of land or an apartment *

Posted at 02:25h in Wohnungskauf by

You want to buy a (house) plot of land or an apart­ment and are look­ing for a notary you can rely on because he will take care of the legal­ly secure and bal­anced draft­ing of your pur­chase con­tract.
Accord­ing to Ger­man law, the notary can be freely cho­sen when buy­ing a prop­er­ty. Since the nota­riza­tion costs incurred are for the most part to be borne by the buy­er, it is usu­al­ly the case that the buy­er also choos­es the notary. Even if a real estate agent wants to per­suade you to have your prop­er­ty nota­rized by the seller’s or agent’s notary, you are free to choose the notary and are there­fore wel­come to con­tact me for an ini­tial dis­cus­sion. You should only nota­rize with a notary you have con­fi­dence in.

The notary’s important tasks and crucial function 

The con­tract for the pur­chase of a prop­er­ty must be nota­rized by a notary pub­lic in order to be effec­tive. The notary is sup­posed to pro­tect both the sell­er and the buy­er from unse­cured advance ful­fill­ment of the con­tract. The notary’s task is there­fore to super­vise the prop­er exe­cu­tion of the con­tract from its exe­cu­tion to the reg­is­tra­tion in the land reg­is­ter. In doing so, the notary is oblig­ed to neu­tral­i­ty. The notary should there­fore be a deci­sive advi­sor and ser­vice provider for the par­ties involved in the pur­chase of the property.

The preliminary discussion 

The notary’s tasks in the pur­chase of the prop­er­ty already begin in the pre­lim­i­nary meet­ing with the par­ties involved. The notary has to find out the will of the par­ties involved and has to imple­ment it in the con­tract in the best pos­si­ble way. In par­tic­u­lar, as your notary, I will ensure that the imple­men­ta­tion of the con­crete ideas of the con­tract­ing par­ties does not result in an unse­cured advance per­for­mance by one of the par­ties. As a notary, I also check the land reg­is­ter. In this way, I am in a posi­tion to dis­cuss with you whether and to what extent any encum­brances on the prop­er­ty are to be delet­ed by the sell­er or tak­en over by the buy­er. It is also nec­es­sary to clar­i­fy whether the prop­er­ty is rent­ed out or is pos­si­bly to be rent­ed out to the sell­er. In this case, I would also dis­cuss with you any addi­tion­al con­trac­tu­al modal­i­ties required in this regard. 

The notary provides for a draft contract 

An essen­tial part of the notar­i­al ser­vices is then the draft­ing of the pur­chase con­tract on the basis of this infor­ma­tion. As a notary, I deal with all the specifics that are rel­e­vant for your pur­chase con­tract and, of course, try to imple­ment your wish­es and spe­cial ideas in a legal­ly secure man­ner.
When draft­ing the con­tract, I make sure that the con­tract is nota­rized in its entire­ty, i.e. that the deed of sale con­tains all agree­ments on which the con­tract of sale is to depend accord­ing to the will of the con­tract­ing par­ties. In par­tic­u­lar, the pur­chase price and all oth­er con­sid­er­a­tion must also be cor­rect­ly stat­ed. Oth­er ancil­lary agree­ments con­cern­ing ren­o­va­tions still to be car­ried out by the sell­er or, for exam­ple, a lease back to the sell­er must also be includ­ed in the con­tract deed. Oth­er­wise, the pur­chase agree­ment is incom­plete­ly nota­rized and thus invalid.

The execution of the contract 

Once the con­tract of sale is signed, I com­mence exe­cut­ing it for you. I take care of the reg­is­tra­tion of the pri­or­i­ty notice and obtain any nec­es­sary approvals, dele­tion per­mits or pre-emp­tion waivers. As soon as these doc­u­ments are avail­able and the pur­chase price is due, I inform the par­ties involved. I will only apply for the trans­fer in the land reg­is­ter after the sell­er has con­firmed to me that he has received the pur­chase price. In this way, I ensure that both the seller’s and the buyer’s inter­ests are pro­tect­ed dur­ing the exe­cu­tion of the contract. 

* Please note: The information on this page has been prepared without taking into account your personal situation, intentions and needs. The explanations are only intended to provide you with an initial orientation. The legal situation is simplified and incomplete. Therefore, the explanations do not constitute legal advice.
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