Answers to Your Key Questions
FAQ: Notary
What happens after the notary appointment?
After the notarisation of the purchase contract, the notary monitors the payment of the purchase price. Typically, a preliminary registration of conveyance (Auflassungsvormerkung) or ownership transfer notice is first entered in the land register in favour of the buyer to secure them. Once all conditions for payment are met, the notary informs both parties that the buyer must now pay the purchase price. After the payment is made, the notary ensures that the new owner is registered in the land register.
How does the handover of the property to the buyer work?
The handover usually takes place after the full payment of the purchase price. A handover record is created and signed by both parties. On request, we are happy to organise and accompany the handover for you.
Is a notary always required when selling a property?
Yes, in Germany, notarisation of the purchase contract is legally required for the sale to be valid.
How much does the notarisation of the purchase contract cost?
The costs depend on the purchase price and are statutorily regulated, usually between 1.0% and 1.5% of the purchase price. These costs are generally borne by the buyer.
What tasks does the notary handle during a property sale?
The notary prepares the purchase contract, clarifies all legal questions, performs the notarisation, initiates the registration of the new owner in the land register, and can also act as a trustee if needed.
How quickly can the notary prepare the purchase contract for the sale of a house?
The duration depends on the complexity of the contract and the completeness of the required documents. Typically, it takes a few days to several weeks.
Which documents do I need to have ready for the notarisation?
Important documents include the current land register excerpt, declaration of division (for condominiums), and proof of any mortgages or encumbrances. An ID document is also required. We are happy to assist you in compiling the documents.
Does the notary also manage the purchase price and ensure the funds are transferred correctly?
The use of a notary escrow account (where the purchase price is transferred to an account set up by the notary) is only possible in exceptional cases with special security requirements.
Can I choose the notary myself, or does the buyer appoint one?
Since the buyer usually bears the notary’s costs, they can also typically propose a notary. We have worked with experienced notaries for years and are happy to recommend a suitable contact on request.
What happens if the buyer does not comply with the contract – which legal steps can the notary assist with?
The notary informs you about your legal options and can issue reminders or prepare enforcement orders. Court proceedings, such as lawsuits, must be initiated at the competent court.
Which legal checks does the notary perform before notarising the purchase contract?
The notary checks property ownership, existing mortgages or encumbrances, verifies the identity of the parties, and ensures that the contract complies with legal requirements.