{"id":886,"date":"2020-12-30T11:56:57","date_gmt":"2020-12-30T10:56:57","guid":{"rendered":"https:\/\/dev.dabone.de\/de\/?page_id=886"},"modified":"2026-01-13T13:15:29","modified_gmt":"2026-01-13T12:15:29","slug":"real-estate","status":"publish","type":"page","link":"https:\/\/j-michaelis.de\/en\/real-estate\/","title":{"rendered":"Real estate"},"content":{"rendered":"

Real estate<\/span><\/h2>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div>
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Property purchase agreement<\/a><\/div>
Gift contracts, anticipated succession<\/a><\/div><\/div><\/div><\/div><\/div>

Property purchase agreement<\/span><\/h3>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div>

Contracts for the transfer of real estate (land, condominiums) and for similar rights as well as for the creation of certain rights (land charges, residential or usufructuary rights, etc.) require notarization or certification.<\/p>\n

The involvement of a notary public in these legal transactions, which are generally also economically significant for the parties involved, is intended to ensure that, for example, in the case of a purchase agreement for a property, none of the contracting parties \"makes unsecured advance payments or legal acts\". Accordingly, the buyer should not pay the purchase price to the seller until it is legally ensured that the buyer can acquire unencumbered ownership of the property - as agreed in the contract. Similarly, the seller should not have to hand over the property until he has actually already received the purchase price.<\/p>\n

Thus, ownership of a property does not pass as soon as the transfer agreement is notarized, but only when the buyer is later entered in the land register as the new owner.<\/p>\n

After the notarization of the purchase agreement, the notary public will first regularly arrange for the entry of apriority notice of conveyance for the buyer in the land register. This prevents the seller or any of the seller's creditors from making entries in the land register that could impair or completely prevent the buyer's acquisition of ownership.<\/p>\n

In most cases, the sold property is also encumbered with a land charge, which the seller had once provided as security for a loan taken out with a bank for the purchase of the property. In this case, the notary will request a deletion authorization for the land charge from the corresponding bank, which the bank will transmit to the notary in trust - insofar as the loan has not yet been fully paid off - with the proviso that the notary may only request the deletion of the land charge when the bank has received the outstanding balance (from the purchase price to be paid later by the buyer).<\/p>\n

The notary also creates for the buyer, who finances the purchase price through a bank, the corresponding land charge on the property to be sold, without which the bank would not pay out the loan necessary for the payment of the purchase price. Here, the notary legally ensures that the buyer's bank financing the purchase price may only use this land charge as security on the seller's property if the seller has actually received the purchase price.<\/p>\n

In addition, the notary obtains any necessary approvals and\/or consents for the effectiveness and execution of the contract (e.g. certificate of the municipality on the non-exercise of pre-emption rights in the case of real estate, if necessary administrator consents in the case of condominiums, etc.). Only when all the necessary conditions have been met to ensure that the buyer can acquire ownership of the property without encumbrances by paying the purchase price is the purchase price due to the buyer.<\/p>\n

As a rule, upon receipt of the purchase price by the seller, the transfer of possession (handover of keys) to the buyer also takes place, even if the actual transfer of ownership (possession and ownership are legally different categories!) can only be applied for later. This also requires, for example, a certificate from the tax office that any land transfer tax due is either not owed or has been paid by the buyer.<\/p>\n

In order to draw up a draft contract of sale for a plot of land, we generally require the following information, which you should send to us in advance by e-mail:<\/p>\n\n