Purchase contract & notary appointment for real estate sales: Guide to concluding a contract
The process of selling your property reaches its climax with the purchase contract and the notary appointment. In this phase, the sale becomes legally binding. But what steps need to be taken before notarization, what must the contract contain and what should you as a seller – whether in Berlin or from abroad (e.g. France) – pay particular attention to? This guide provides you with a comprehensive overview of how to conclude the contract safely and smoothly.
The purchase agreement: contents and preparation
Before the notary appointment takes place, the buyer and seller must agree on a written purchase contract. This contract forms the basis for the entire sales process. As soon as both parties sign and the notary notarizes, a binding agreement on the transfer of ownership of the property is created. It is therefore important to carefully check and define all points in advance.
Have the draft contract checked in good time
In Germany, there is no lengthy preliminary contract as is usual in France, for example – all important agreements are included directly in the notarized purchase contract. To give you enough time to think about it, you should have the draft contract at least 14 days before the notary appointment.
This two-week lead time is common practice today (and even mandatory for private buyers) so that both parties – especially the buyer – can check the contract thoroughly. Use this time to understand all the clauses. If necessary, you can call in your
Tip: Ask the notary or estate agent to explain what individual passages mean. Don’t be afraid to ask questions. If the buyer or you as the seller do not speak German as a native language (e.g. French owners), the contract can be read out in two languages if desired or an interpreter can be called in. The notary is obliged to ensure that all parties fully understand the content of the contract.
Important contents of the purchase contract
Real estate purchase contracts in Germany are usually standardized. Nevertheless, you should know exactly which points must be included and which can be individually adapted. Pay particular attention to the following contract contents:
- Details of buyer and seller: Full names, addresses, dates of birth and identity card details. Marital status is also often stated, as the consent of the spouse may be required for married sellers, for example.
- Property description: Exact description of the property with address, land register page, parcel and, if applicable, apartment or part-ownership number. A current extract from the land register is attached so that all rights and encumbrances (such as land charges, rights of way, etc.) are clear.
- Purchase price and payment terms: The agreed purchase price in euros and the agreement as to when and under what conditions it is to be paid. Payment is usually made by bank transfer after notarization and entry of a priority notice of conveyance (priority notice in the land register). A payment term is specified in the contract (e.g. “payable within 4 weeks of the notary’s request”).
- Transfer date and transfer of ownership: The date on which the property is transferred to the buyer. From this date, the benefits and burdens (e.g. ongoing costs, liability) lie with the buyer. Make sure that the transfer date is realistic – usually a few weeks after receipt of payment. It should be stipulated that the keys will only be handed over and the property vacated once the purchase price has been paid in full.
- Quality and defects: In the case of used properties in Germany, the “bought as seen” principle applies , i.e. the seller is generally not liable for subsequent defects. A
warranty obligation only exists in the case of fraudulently concealed defects. All material defects known to the seller should be expressly mentioned in the contract in order to create clarity and prevent legal disputes. These clauses protect you as the seller from being held liable for defects at a later date. However, warranty periods are agreed for new builds or developer properties – this is unusual for private resales. - Special agreements and items included in the sale: The buyer often takes on additional equipment or inventory from the seller, e.g. the fitted kitchen, furniture or the remaining heating oil in the tank. Such agreements should be recorded in writing in the purchase contract – ideally with an individual valuation. Note: These separately agreed movable goods are not taxed when calculating the real estate transfer tax, which is advantageous for the buyer. For you as the seller, it provides clarity as to which items are part of the sale.
Other agreements, such as repairs still to be carried out or a possible financing clause (less common), can also be set out in the purchase contract. If everything important is set out in writing, both parties have certainty about the scope of the transaction. Find out more about property valuation – this way you can ensure that the purchase price you set is in line with the market and is neither too low nor too high (a realistic price also makes it easier to conclude the deal with the notary later on).
Final check before the appointment
If all the contents of the contract are correct, it’s time for the final check before signing. Check
If you have not already done so, you can now add the final details (e.g. include meter readings in the contract if the handover is imminent). Your estate agent will support you in this phase and stay in contact with the notary to incorporate any changes at short notice. Thorough preparation minimizes surprises at the notary appointment and ensures a smooth process.
Internal tip: If you are unsure about the correct content of the contract, you should seek professional help. At ADEN Immobilien, we check and draw up purchase contracts together with the notary’s office – get non-binding advice now to avoid mistakes and ensure the sale is legally compliant.
The notary appointment: Procedure and important information
Once the draft contract has been agreed, the decisive step follows: the appointment for notarization. In Germany, every real estate purchase contract must be notarized by a notary in order to become legally binding. The notary appointment is therefore the final moment in the sales process, when the draft becomes a valid contract. Here you can find out how the appointment works, what documents the notary needs and what happens afterwards.
Select a notary and make an appointment
In principle, the buyer and seller can agree on a notary’s office together. It is often customary for the buyer to choose the notary, as they usually also bear the notary costs. As the seller, you can make suggestions, especially if you have already had good experiences with a particular notary. It is important to appoint a neutral notary – in Germany, the notary always represents both sides neutrally. (For comparison: In France, it is common for the buyer and seller to each have their own notary. In Berlin and throughout Germany, a single notary who works impartially for both parties is sufficient).
Once you have appointed a notary, he or she will arrange an appointment for the notarization. Plan enough time in advance: Notaries sometimes have full diaries. In addition, as mentioned above, the draft contract must be sent out in good time in advance.
Service tip: If you have used a real estate agent, they will usually coordinate with the notary. In the case of a privately organized sale, you should take action yourself and coordinate the notary appointment with the buyer. Set a date that suits everyone and allow around 1-2 hours for the notarization.
Documents required by the notary
In order for the notary to draw up the purchase contract and ensure that everything runs smoothly, he or she must have certain information and documents. The following documents and details are particularly important:
- Purchase price (agreed sales value of the property)
- Transfer date (date on which the property is transferred to the buyer)
- Information on material defects (list of known defects or the note “none known” so that the notary can formulate the warranty clauses accordingly)
- Land register extract (current inspection of the land register, often obtained by the notary himself – as the seller, however, you should have all relevant land register information to hand, e.g. current encumbrances such as land charges)
- Personal details of the contracting parties (name, date of birth, address, profession – as stated in the draft. Important: Bring your valid identity card or passport to the appointment so that the notary can establish your identity).
The more complete the information is in advance, the quicker and less complicated the notarization process will be. If certain documents are missing, the notary can often obtain them himself (such as an extract from the land register), but this costs additional time. Our advice: compile all documents relevant to the sale in good time. Our house sale checklist provides a helpful overview – make sure you have thought of everything.
Procedure for the notarization appointment
On the day the contract is signed, the buyer, seller (or their authorized representatives) and the notary meet at the notary’s office for the notarization. At the beginning, the notary checks the personal details and ensures that all the necessary documents are available. He then goes through the text of the contract point by point with all those present. The notary reads the entire purchase agreement out loud – even if it is many pages long. This is required by law and serves to ensure understanding: both parties should know exactly what they are signing.
During the reading or afterwards, you will have the opportunity to ask questions or address any ambiguities immediately. Do not hesitate to clarify any discrepancies now – this is the last opportunity to make changes. The notary can still make minor adjustments (e.g. a spelling correction or clarification) by hand or note them in the minutes. If a major point is controversial, the appointment can be aborted and postponed if necessary – but this rarely happens, as ideally everything was discussed beforehand.
If everyone agrees, the buyer and seller sign the contract first, followed by the notary with his seal. Once the notary has signed the contract, it is legally binding. From now on, neither you as the seller nor the buyer can withdraw from the contract without further ado. The notary informs all parties of this obligation.
Important role of the notary: The notary is not only the reader, but also the neutral and legal guarantor at this moment. He ensures that neither party is disadvantaged and that the contract complies with the legal requirements. If the buyer does not pay the purchase price, the notary will ensure that you as the seller are protected by certain clauses – for example, by using the contract as an enforcement order with which you can initiate enforcement proceedings if necessary. The notary will also explain the consequences of each clause.
Good to know: The notary fees for notarization are regulated by law and amount to around 1.5% of the purchase price (including land register fees) in Berlin (and throughout Germany). As a rule, the buyer pays these costs. However, the notary always works neutrally – he advises both parties and answers questions objectively. There are no additional fees for this advice, it is included in the fee.
What happens after notarization?
With the notary appointment, the sale is contractually sealed – but there is still some follow-up work and steps to be taken before you receive your money and the buyer becomes the owner. The notary now routinely takes on a number of tasks to initiate the transfer of ownership:
- Entry of the priority notice of conveyance: Immediately after the appointment, the notary will arrange for the so-called priority notice to be entered in the land register. This secures the buyer’s claim to transfer of ownership of the property and prevents the seller from selling the property a second time. This is also important for you as the seller, as it clarifies to whom the property was sold.
- Official inquiries and notifications: The notary informs the tax office about the purchase (for real estate transfer tax purposes) and checks whether pre-emption rights exist (e.g. on the part of the city in neighborhood protection areas or by third parties, if noted in the land register). If necessary, he obtains the waivers. He also ensures that any land charges of the seller (old loans) can be deleted.
- Notification of due date to the buyer: As soon as all requirements have been met – in particular the priority notice of conveyance has been entered in the land register and all necessary approvals have been obtained – the notary writes to the buyer that the purchase price is due. This notification is usually the starting signal for the buyer or their bank to transfer the amount. The contract usually stipulates that the buyer must pay by a certain date (e.g. two weeks after the due date).
As a seller, you now have to wait for the money to arrive. The buyer usually pays directly into your account. A special notary escrow account (notary’s trust account) is rarely used nowadays – usually only in special cases, for example if there are still uncertainties or if a sale had to be made under time pressure without inspection time. Direct transfer saves costs and is faster. Your notary has ensured through the priority notice and contractual clauses that you only claim the money when the transfer of ownership is legally secured.
As soon as you have received the purchase price in full, the notary will inform both parties that the property can be handed over. The keys, documents and possession will now be transferred to the new owner. Agree a handover date with the buyer (if not already stipulated in the contract) and draw up a handover report.
This protocol includes, for example, meter readings for gas, water and electricity, the number of keys handed over and the condition of the rooms. Both parties sign the handover protocol – this rules out any later points of dispute (such as damage or missing keys).
Congratulations – the property sale is now officially complete! In the following weeks, the notary will have the transfer entered in the land register so that the buyer is registered as the new owner. However, this happens automatically in the background and requires no further action on your part. Your main task after receipt of the money has been completed: The property has been successfully sold.
Special case: Sale from a distance (without being present at the notary’s office)
What should you do if you as the owner are unable to attend the notary appointment in person – for example because you live abroad (e.g. in France) or are unable to attend at short notice? Don’t worry: it is possible to sell a property remotely. There are two common solutions so that the contract can still be concluded with legal effect:
- Authorization of a trusted person: You can grant a notarized power of attorney to a person you trust (e.g. a family member, friend or your estate agent) so that this person can sign the purchase contract on your behalf. Such a power of attorney must also be notarized or certified for security reasons. If you live abroad, you can go to a local notary or the German embassy/consulate, for example. The power of attorney will be presented to the notary in Berlin. This enables your representative to sign on your behalf with legal effect. You do not have to be present yourself.
- Representation without power of attorney with subsequent approval: If no power of attorney has been granted in advance, it is possible for the notary to initially notarize the contract with a “representative without power of attorney” on the seller’s side. This means that someone signs on your behalf without a power of attorney and the contract becomes pendingly ineffective. Only when you subsequently approve this contract (e.g. by signed letter or before a notary in France) does it become valid. This procedure can be used if time is tight and you were unable to issue the power of attorney in time. However, you must act with absolute confidence, as there is uncertainty until approval is granted.
In practice, the first option (power of attorney) is preferred as it creates clarity. Important: Clarify with the notary at an early stage which form is required (usually with an apostille and certified translation, depending on the country). An experienced estate agent such as ADEN Immobilien regularly organizes such steps for its clients. You can find out more about selling real estate remotely in our detailed guide on the subject – there we explain the steps in detail and what special features need to be taken into account when selling abroad.
Conclusion: Safe to successfully conclude a contract
The purchase contract and the notary appointment are the final steps in the sale of your property. With careful preparation – from the property valuation to the procurement of documents – and competent support, you can avoid pitfalls. Make sure you check the draft contract at an early stage, include all important clauses and seek expert advice if in doubt.
At the notary appointment itself, it is important to keep calm, listen carefully and clarify any unanswered questions. The notary will guide you through the appointment in a neutral manner and ensure that everything is correct. After signing the deed, everything runs smoothly, right through to payment and handover. As a seller in Berlin, you benefit from a reliable, legally secure process – and even as an owner from abroad, you can sell securely without having to be on site thanks to power of attorney or modern procedures.
Finally, our advice: If necessary, get professional support. A good real estate agent will not only help you find a buyer, but also guide you through the jungle of contracts right up to the notary appointment. At ADEN Immobilien, we support sellers in Berlin and France with our experience – from the initial valuation to handing over the keys. Do not hesitate to contact us. Get non-binding advice now and successfully complete your real estate sale!
FAQ: Purchase contract & notary appointment for real estate sales
As soon as the notary deems that all requirements have been met, the buyer receives a request for payment. If he does not respond, the seller can take legal action against him – for example through enforcement – if the contract contains a corresponding clause. The notary usually ensures that this risk is minimized through clear payment terms and securities.
No. Unlike consumer contracts, there is no statutory right of withdrawal for sellers of notarized property purchases. Once signed, the contract is legally binding – withdrawal is only possible under certain contractually agreed conditions or with the consent of the buyer.
The buyer usually appoints the notary, as he usually also bears the notary costs. However, the seller can make their own suggestions. It is important to note that the notary is always obliged to remain neutral and does not represent either party unilaterally.
Notary and land registry fees in Germany amount to around 1.5% of the purchase price. These costs are generally borne by the buyer, unless expressly agreed otherwise.
After the notary appointment, it usually takes 3-6 weeks before the buyer is requested to make payment. The exact duration depends on official procedures (e.g. registration of the priority notice of conveyance, waiver of pre-emption rights).
No, you can also have yourself represented – e.g. by a notarized power of attorney or by means of subsequent approval. These options are particularly useful if you are abroad or unavailable.
The priority notice of conveyance is a legal note in the land register that secures the buyer’s claim to transfer of ownership. It protects both parties from double purchasing or fraudulent actions and is a prerequisite for the notary’s request for payment.
Typically: current extract from the land register, energy certificate, identity card, property description and information on known defects.
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