Contract review land purchase

  • Erstellt am 2016-01-04 14:48:29

sauerpeter

2016-01-04 14:48:29
  • #1
Hello everyone,

have you had the draft checked by the notary or not? We are considering whether to do it. Of course, it can protect against "common" or unclear passages, but basically we want to have unclear passages in the contract explained to us by the notary over the phone before scheduling an appointment. Some things are also well and clearly described. What do you think? Or can it be proofread here in the forum?
 

nordanney

2016-01-04 15:01:48
  • #2
Have the unclear passages explained to you in advance by the notary (during the notarization he also reads the entire contract again aloud and you can additionally ask questions) - he is paid for this and this is his task!

Of course, you can definitely spend money on a further legal review, but as a rule, it usually does not make sense.
 

Bieber0815

2016-01-04 20:01:42
  • #3
Oh, careful, I would say it depends! My advice: - Clarify everything (!) before the actual notary appointment. Although everything will be read aloud during the appointment, how are you supposed to make changes then? In practice, this usually won't happen unless you are willing to let the appointment fall through. Notaries, by the way, read very (!) fast (I know two, so it must be the same for all ). - The notary is legally independent, but often has better connections to the opposing party (the ordinary buyer usually sees the notary only once in their life). He only explains the legal consequences and at best points out major mistakes. If sensible things are missing, you will hardly learn about them from the notary. - A biased solid advice in your interest does not exist at the notary. (--> consult a specialist lawyer.) Of course, it also depends on what is to be purchased. Just a plot of land from the municipality? Probably not much can go wrong... Plot and house from the developer? Better have it checked!
 

nordanney

2016-01-04 20:20:49
  • #4
The request is for land purchase, usually really boring and simple contracts
 

Baustelle2016

2016-01-05 11:50:06
  • #5
Have you read the contract yet? If so, you know the passages that are unclear. We were able to ask questions during the notary appointment, but -the devil is in the details- for us, it was the seemingly simple clauses that gave us a few headaches. In retrospect, probably every lawyer would have warned us before the contract. But everything turned out fine. (One clause stated that the selling community of heirs of 6 persons would sell the property, which was to be divided among 5 parties, only "in one go" – that is, when 5 buyers sign. Unfortunately, on the day of the notary appointment and after our signature (!), the 5th buyer backed out – with the consequence that the contract was "pending ineffective." This meant that until the final clarification, our money was tied up, but we could not simply withdraw from the contract. After 4 weeks, a 5th buyer was found and the sellers agreed, so everything ended well. But it could have gone differently – and then additional costs would certainly have arisen (whoever would have had to pay them). In this respect... read carefully and watch out for possible traps. And in case of doubt, ask a friendly lawyer for free advice. They love that. Why didn’t we do that? Well, maybe because we hadn’t expected so much (actually it was very little, but at a critical point) bad luck. And, at first, we didn’t find the structure complicated at all (the notary, by the way, did).
 

Bauexperte

2016-01-05 12:03:19
  • #6
Hello,


This procedure is not uncommon; not every community of heirs accepts going to the notary "x" times. Regardless of the fact that it is difficult enough to get them on the same page at all.

In this respect, and since it was the express wish of the community of heirs, a lawyer could have done nothing about the status quo.

Rhenish regards
 

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