Property sales and notary: what you need to know
The sale of a property involves large sums of money and legal security. This is why the law stipulates that the purchase contract must be notarised by a notary. The notary protects the contracting parties from hasty decisions and takes on important tasks for a smooth process.
Why is a notary necessary?
A property purchase agreement is only legally effective if it is notarised by a notary. The notary is a neutral professional who ensures that both parties are informed of their rights and obligations. The notary also takes care of all correspondence with the authorities and the submission of any necessary applications.
Tasks of the notary
- Notarisation: The notary reads the contract aloud and ensures that both parties understand the content.
- Protection against disadvantages: If the buyer does not pay, the notary can draw up a deed that serves as a compulsory enforcement order. In this way, the seller is legally protected.
- Right of cancellation: The seller may withdraw from the contract in the event of non-payment.
Important documents for the notary appointment
To ensure that the sale goes smoothly, the notary requires the following documents:
- Purchase price
- Handover date
- Indication of material defects (if any)
- Land register extract
- Personal details of the contractual partners
Notary appointments: What you should know
Anyone selling a property privately without an estate agent usually needs several appointments with a notary. With a property expert, often only one notarisation appointment is required. Before this appointment:
- The draft contract is drawn up.
- All parts of the contract can be discussed and open questions clarified.
The last opportunity to make changes to the contract is during the notary appointment. Use the notary's duty to advise you to understand all clauses - there are no additional costs for this.
Preliminary date for security
On request, a preliminary appointment can be arranged before the notarisation date. During this appointment, a preliminary draft of the contract is drawn up and all the contents of the contract are discussed in detail. This ensures that there are no surprises at the main appointment.
Conclusion: Legal certainty through the notary
The notary plays a central role in property sales. With his help, the contract is legally secured and both parties can rely on a secure conclusion. Take the opportunity to obtain comprehensive advice.
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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.
