Development costs §127 Building Code

In my opinion, this is not a meaningful wording. Just tell the notary to include a similar sentence: All development costs related to the initial development of the property are to be borne by the seller. That was ours and there were no problems with further settlements. Up to 3 meters behind the property boundary, the costs are borne by the seller, after that we cover them.

I can only advise you to use such a sentence because the development costs are not insignificant. For our property, it was almost €24,000 for everything that the seller paid. Of course, he factors the costs into the sale price, but especially the last invoice he didn’t have in mind anymore (about €17,000). That was quite a chunk that I wouldn’t have wanted to pay.

Hello,

The notary says: "The costs of the initial development for the laying of the electricity, gas, and water pipes on or along the street are borne by the buyers, whereby these are included in the purchase price; however, additional costs may still arise here that are not yet included in the purchase price."

If that is the case, then I am happy for you! However, I tend – like my predecessor – to have this recorded clearly and in writing in the notary contract. On the one hand, because oral interpretations/agreements/promises are worthless and it often "can" turn out differently, and on the other hand, because I hear too much "can" mentioned in the accompanying explanations.

Rhenish greetings

Unfortunately, the notary says: "Your request to change the wording of § 3 in the purchase agreement cannot be accommodated. The template of the purchase agreements was agreed upon with the seller company and thoroughly reviewed. Any changes must be agreed upon with the seller company. Furthermore, the obligation to bear costs is precisely defined in § 3 number 3."

At least I have the statement (see above) from the notary in writing (by email).

Yeah, but one thing is also clear. I don't have to sign the purchase contract. Who commissioned the notary? Normally, the buyer does that...

Hello,

Unfortunately, the notary says: "Your request to change the wording of § 3 in the purchase contract cannot be accommodated. The template of the purchase contracts was agreed upon with the seller company and thoroughly reviewed. Any changes must be agreed upon with the seller company. Furthermore, the obligation to bear costs is precisely defined in § 3, clause 3."

It is common practice that the property seller appoints the notary, even if it is rather you whose right to freely choose the notary applies. However, it is equally true that the notary is obligated to both parties equally; in this respect, his statement strikes me as somewhat questionable. If I were you, I would draw his attention to this and point out that the seller surely wants to conclude the contract promptly and it cannot be that much work to include a single sentence in the notary contract. However, I already want to caution you – and the property may be hanging with gold for all I care – if neither the seller nor the notary budge on this point, I would seriously reconsider if I were you....

At least I have the statement (see above) from the notary in writing (by email).

I am not a lawyer and therefore do not know whether an email is sufficient in the worst case. Precisely for that reason, since the notary is just repeating the seller’s statements.

Rhineland regards

Today was the notary appointment: I (and all of you) were right. According to the wording, the costs for the relocation of the electricity, gas, and water lines on or along the street are not included in the purchase price. The real estate company's customer advisor was embarrassed by his statement that the plots were sold as "fully developed," and the notary was embarrassed by the nonsensical response of his employee ("The costs […] are borne by the buyers, although these are included in the purchase price; however, additional costs may arise that are not yet included in the purchase price."). For us, it is still okay because it turned out that the price estimates we received for the house connections already included the corresponding costs, so no additional costs will arise for us. Thank you for your discussion contributions!