Why the notary appointment is so important when selling property
Selling a property is a significant decision and requires legal protection. For this reason, the notary is an indispensable part of the sales process. The notary appointment ensures that all parties are fully informed and legally protected.
The Notary: A Neutral Professional
Once you have found a buyer for your property, the next step is the conclusion of the contract. The notary's role is to notarise the purchase agreement, ensuring that it becomes legally binding. They protect the contracting parties from hasty decisions and handle communication with the authorities, such as submitting land registry applications. The property sale only becomes legally effective upon notarisation.
What are a notary's duties?
The notary is not responsible for checking the buyer's creditworthiness. This task may have already been carried out by an estate agent on your behalf. Nevertheless, the notary plays a crucial role:
- He is drawing up a deed that serves as an enforcement title. If the buyer does not pay, the seller can take legal action.
- He informs the contracting parties of their rights and obligations and ensures that the contract is fair.
- He offers the opportunity to make requests for changes before the notarisation.
The notary requires these documents
For a smooth process, you should provide the notary with the following documents:
- Purchase price: The agreed sum.
- Handover appointment The date on which the buyer takes possession of the property.
- Defects in goods If applicable, these must be listed in the contract.
- Extract from the land register: Proof of ownership and encumbrances.
- Personal details: Details of buyer and seller.
Notary appointment with or without an estate agent
If you sell without an estate agent, you will generally need several appointments with the notary to clarify all the details. With a property expert, on the other hand, only one notarisation appointment is usually necessary. During this appointment, the notary will read out the contract and record any final changes. If desired, a preliminary meeting can take place beforehand, during which a draft contract is created and all components are discussed.
Notary's duty to advise
A property purchase agreement is often complex and not easily understandable. The notary is legally obliged to advise you comprehensively. Use this opportunity to ensure that all details are clarified. There are no additional costs for this consultation.
Conclusion: Security and clarity through the notary
The notary is an indispensable partner in property sales. They provide legal security, clarify outstanding questions, and protect all parties involved from potential risks.
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Robert Schüßler
Property valuer (EIA and IHK)
Note: This text is for information purposes only and does not constitute legal or tax advice. Please consult an expert if you have individual questions.
