Gift from a friend - right of reclaim

  • Erstellt am 2020-09-10 07:41:13

NatureSys

2020-09-11 08:15:25
  • #1
I completely agree with kati 1337:

A gift agreement can also be designed without a right of reclaim.

This is currently only included in the draft because the notary (usually they do not do this themselves, but a secretary) either:
a) took a template contract from the computer that is then modified as needed, or
b) took the contract from one of their last notarizations from the computer and modified it.

In our house purchase (existing building), the first draft contract also contained two or three things that did not apply to our case at all. They are then adjusted before signing and that's it.
 

NatureSys

2020-09-11 08:19:29
  • #2


To us mere mortals, the fee always seems princely. However, most notaries don’t see it that way when it comes to a gift of about 30,000 euros (divided by 2 because only half is transferred).
With roughly the same amount of work, they earn much more if, for example, a house + land is gifted (e.g., from parents to children).

In this respect, notaries’ enthusiasm for small gifts is often quite low. (I don’t approve of this – quite the opposite, but unfortunately, it is the reality)
 

nordanney

2020-09-11 08:24:43
  • #3

It not only seems princely, it actually is. Notaries have a monopoly and the license to print money. And especially fees for house purchases and mortgage registrations (where the forms are also kindly prepared by the bank) are out of all proportion to the service. That is the bread and butter business, which the legal assistants also take over.
But there are also cases that have nothing to do with real estate. There the notary is often really challenged.
 

NatureSys

2020-09-11 08:30:58
  • #4


In this case (value approx. 32,000/2=16,000) the notary receives 182 euros at double the fee (because it is a gift).
Of course, that is not little, but no notary considers it princely, even if a skilled worker works more than 10 hours for it.
 

nordanney

2020-09-11 09:20:40
  • #5

Plus other activities, postage, etc., and suddenly it’s 350€.
And for the customers, also VAT as well as land registry costs.
 

Musketier

2020-09-11 09:25:51
  • #6
We have also already given contracts to notaries that were prepared by lawyers and tax advisors, and the notary only had to read them aloud and notarize them. Notary fee €20K. They certainly don't have that every day, but with the effort-benefit ratio, printing the money would have been more laborious.
 

Similar topics
23.04.2015Does this donation bring advantages or disadvantages?21
21.04.2016Gift - how to properly handle/list11
04.12.2017Financing from a gift and renovation10
24.12.2017House donation - Implement energy saving regulations - Meet requirements11
04.06.2018Building plot as a gift / not married10
19.11.2018Renovation loan after gift11
15.02.2019Property valuation in case of gift14
14.03.2019Notary fee invoice after gift15
17.06.2019Have the house/property appraised in case of inheritance or gift21
25.10.2019Gift / Semi-detached house / Land register23
01.04.2021Taking possession before gift / usufruct / renting - disadvantages?52
03.05.2022What should be considered when financing or gifting a family home property?37

Oben