Real estate

For many people, the purchase or sale of real estate represents the most significant and financially extensive transaction of their lives. It often requires the use of large amounts of saved assets and the taking out of loans to finance it. In order to ensure that both buyer and seller receive expert advice during such a crucial process and that the contract is drawn up and executed in a legally correct manner, the law requires the involvement of a notary.

As a notary, it is my responsibility as an impartial and independent advisor to consider the interests of all parties and to ensure balanced arrangements. It is particularly important to me that neither party makes any unsecured advance payments, i.e. the buyer only pays the purchase price if his acquisition of ownership (free of unassumed encumbrances) is guaranteed and the seller does not transfer his ownership without having received the purchase price. After notarization, we ensure that the contract is executed quickly and securely, right through to the transfer of ownership in the land register.

In the area of new buildings, property development contracts are drafted and notarized by the notary. These place high demands on the drafting of the contract, as they are often complex purchase and construction contracts in which the purchaser has a building erected on (still) third-party land.

The special features of condominium ownership under the German Condominium Act (WEG) must be considered in conjunction with the developer agreement - but also separately. The acquisition of a condominium represents the transfer of co-ownership shares (MEA) in the common property as well as the acquisition of special ownership (condominium ownership or partial ownership).

The notarization of declarations of partition with community regulations - for example, associated with special rights of use for above-ground parking spaces, garden areas and terraces or attic storage - also require notarial services.

In the core areas of real estate law, the notary advises the parties involved on security options for the contracting parties (e.g. the so-called priority notice of conveyance or the immediate foreclosure of all assets in the event of non-performance). Even after notarization, the notary - if instructed - ensures that the change of ownership is implemented, obtains the necessary declarations, approvals (e.g. the deletion approval for a land charge) and certificates (e.g. the waiver of pre-emption rights by the municipality).

Closely linked to the notary's work in the area of immovable property are the intersections with corporate law, inheritance law and family law issues. It goes without saying that notaries take into account the requirements for the protection of consumers.