From when does one start paying for the notary?

Good day,

The following situation:

We want to buy a house. We actually have a commitment from the bank (still have a conversation scheduled). I then called the notary and asked what documents he needs and how long he would need for the entire processing... I also gave the notary my address and the seller's address. No other information. The notary also told me that all addresses from the seller (inheritance community) must be available. I told the seller this and asked him to give me the information. We agreed that I would take care of everything and give the notary the purchase price etc. ... to the bank after the signing. Now the seller called the notary (whom he also knows), gave all addresses of the inheritance community, and provided the notary with information such as the purchase price. But we don't even have the bank's commitment yet. The notary then sent everyone a draft contract. We were almost falling off our chairs because we were supposed to take care of this.

Now my question. Would I have to pay the notary if something goes wrong (which I hope it doesn't), because I opened the file, or would the seller, who gave all the data?

The notary has no order from you based on the information provided here in the forum, therefore he cannot issue an invoice to you.

The notary has no assignment from you based on the information provided here in the forum, therefore he cannot issue an invoice to you.

Bold move especially since we do not provide legal advice here.

I don't want to tempt fate, but especially with hereditary communities there are always complications.

I would get a written assurance (preferably by email) from the person in the community of heirs that they will cover the costs in case of emergency.

As long as your bank does not give you a written commitment, everything else is just smoke and mirrors.

Who orders, pays. Since the buyer is allowed to choose the notary, it is usually the case that the buyer is also the billing address. It does not matter from whom the notary receives the necessary information. The direct way is often faster. My opinion.

On the topic of community of heirs: if only one of them is a bit stubborn, the purchase drags on. And that happens quite often, because there is often discord among them, so that one wants to pass something on to the other with stubbornness: one sits it out so that the cash flow continues.

You don’t have a notary appointment yet, as I understand? Then no panic!

If this is supposed to be legal advice, then I don’t know anymore... ;)

Firstly: The notary fees become due once you have signed. The buyer pays. Nothing is due before that. The notary will know what to do in the case of an [Erbengemeinschaft]! Either he gets all heirs to the notarization appointment, or he will require a power of attorney. He will immediately initiate the [Auflassungsvormerkung] so that no co-heir can sell the house again... Sort out your banking matters and let the notary do his job. He knows how it works.

As a potential buyer, one is later at least involved in the deed, 29, 30 Court and Notary Costs Act. And they bear costs.

Drafts also cost, 119 Court and Notary Costs Act, provided no execution takes place, otherwise the drafts are included in the execution fee.

An (even tacit) order for the drafts is required, in doubt seller and buyer are jointly liable externally (notary) as joint debtors, 32 Court and Notary Costs Act. As such, they can distribute the costs differently internally.