Appointment with a notary when selling a property: How the contract is finalised
As selling a property is a major financial decision, the law provides for the involvement of a neutral expert: the notary. At the appointment with the notary, you will finalise the sale of your property in a legally sound manner, whilst at the same time being protected from making hasty decisions.
Why is an appointment with a notary necessary?
Once a buyer has been successfully found, it is time to finalise the contract. A property purchase contract only becomes legally valid once it has been drawn up by a notary certified . The notary acts as a neutral intermediary and ensures that:
- both parties have been made aware of all the terms and conditions,
- the contract is validly concluded,
- all the necessary applications are submitted to the relevant authorities.
Service-oriented estate agents offer to draw up a draft contract for you. However, the final responsibility and verification lie with the notary.
The duties of a notary
Although a notary does not check the Creditworthiness or the reliability of the buyer, but it does provide legal protection for the seller. If the buyer fails to pay, the notary draws up a deed which serves as a title for enforcement. This enables the seller to initiate enforcement proceedings or to withdraw from the contract of sale.
Important documents for the notary appointment
To ensure that the notarisation appointment runs quickly and smoothly, the notary requires the following documents:
- Purchase price and payment modalities
- Handover date of the property
- Information on material defects (if available)
- Current extract from the land register
- Personal details by the buyer and the seller
Procedure of the notary appointment
Without an estate agent, the process can usually take longer and involve more appointments. With a property professional by your side, it often takes just a single Notarisation appointment required. At this stage, the notary reads out the contract of sale aloud and ensures that all parties understand its contents. Final amendments are still possible at this point.
If required, a Preliminary date be agreed. A preliminary draft contract is drawn up and all the details are agreed with the buyer and seller.
Advice from the notary
As a property purchase agreement contains many legal details that are not always easy to understand, you should Duty to provide advice Make use of the notary’s services. Ask for a detailed explanation of all the points – this will not incur any additional costs for you.
✉️ Any questions about the appointment with the notary?
Are you unsure which documents are required or what the process involves? Please get in touch – we’ll be happy to help!
Robert Schüßler
Property valuer (EIA and IHK)
