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Real estate contracts usually require a notarial certification. During the notarization process, the notary must take into account the interests of both parties, but may not give extensive advice to either party - or even both.
Once notarial certification has been carried out, later additions and amendments are usually difficult or even impossible. This can lead to problems that can be avoided.
Notaries are highly specialized professionals, often with their own language, which only the expert understands. We offer our clients assistance and advice in dealing and communicating with notaries and their staff. We ourself do not employ notaries, but knows their actions and tasks very well and can therefore assist any client with notarial contracts.
We take over the examination and handling of notary deeds for the client (in case of purchase, creation of mortgages or easements, mortgages, registration of priority notice etc.) . Preferably we are called in before the conclusion of a notary deeds. Each case is different and needs to be examined carefully to ensure that the client's interests are protected and enforced. Many notary contracts are difficult or impossible for non-lawyers to read and understand. The special situation at the notary rather does not help, although the notary should instruct the parties and inform them about possible legal risks. Unfortunately, the interests of the not so well-versed real estate buyer are not sufficiently taken into account here in comparison to the real estate companies (i.e. professionals). We make sure that the client is clearly shown which legal regulations he or she is getting involved with. Only this clarity makes the investment assessable and ultimately safer.
Contracts, agreements and/or declarations of intent must be regularly notarized within the framework of real estate law. This is especially the case with the property purchase agreement. This is legally regulated in § 311b of the German Civil Code (BGB). In the absence of such a notarial certification, the contract is void due to lack of form.
The reason for this lies in the considerable legal, but above all also financial consequences of such a property purchase agreement. With this purchase legal obligations are transferred to the buyer, such as the payment of land transfer tax. Furthermore, such purchase contracts regularly have such an enormous financial volume that faulty, uncontrolled contracts can often lead to the financial ruin of at least one of the contracting parties.
The notary should point out such risks and avoid them by the right contract design. The notarial certification then fulfils the so-called validity function, evidence function, advisory function and control function.
The procedure of notarial certification is regulated in the BeurkG. The notarization date begins with the determination of the personal data. The presentation of the identity card or passport is necessary for this.
Furthermore, the notarizing notary must ensure that all parties involved are also legally competent. Any doubts about the legal capacity must be noted in the minutes. Subsequently, the notary will inform the parties about their rights and obligations and document the declarations in the notarial deed.
The notary must read the entire transcript to the parties involved. Maps, drawings and other contents not to be read out must be presented for inspection. At the end the document must be signed by the parties and the notary. The notary retains the original of the document in case of a notarial certification in the context of a sale of real estate. A certified copy or duplicate is sent to the parties involved.
The costs of notarial certification depend on the individual case. They are calculated according to the effort, scope and business value of the matter. Legally, the costs of a notarization are regulated in the Court and Notarial Costs Act (GNotKG). Different costs are incurred for the different activities of the notary. The activities include consulting, drafting and notarization in the narrower sense. Other costs, such as the land registry fees, are regularly added. In the case of real estate purchases, the amount of the fees depends on the purchase price.
Since the entire calculation of the fees can appear confusing, legal advice should be sought here as well.
Whether attorney, arbitrator, experts in construction, banking or corporate law: JASPER attorneys provide highly specialized legal advice. We look forward to your call under +49(0)211 492590 or by mail to email@example.com.