House seller cancels before notary appointment - Schufa

I expect a bit more expertise from the admin.

In the case of a notarial purchase contract without entrepreneur involvement, there is no 14-day period. Since the contracts consist of 95% text modules, with the help of which any notary can draft the contract text within 30 minutes, no special preparation is necessary. There will hardly be any notary who is not willing and able to do this. The contracting parties must, of course, agree on all essential points before the notary appointment. Such agreements can also be fixed in writing beforehand without a notary. If there are different viewpoints, no notarization appointment will be made.

Then read a) the Notarization Act. It is true that the 14-day period applies to consumer loan agreements. But does the notary know whether a consumer is the seller at the appointment? Furthermore, the following must be observed. "The notary shall ascertain the will of the parties involved, clarify the facts, inform the parties about the legal significance of the transaction, and record their declarations clearly and unequivocally in the minutes. In doing so, he must ensure that errors and doubts are avoided and that inexperienced and clumsy parties are not disadvantaged." How is that supposed to work if the buyer is only presented with the contract at the appointment? Any reasonable notary will not expose themselves to this problem. b) The notary cannot familiarize himself with a property unknown to him only at the appointment, e.g., inspection of registers/land register. c) The notary has other things to do besides wasting several hours on a notarization without being paid accordingly extra.

Therefore, the 14-day period should be 100% observed in practice. However, there are always bad apples.

The point is that the cost risk for contracts that are not concluded should be minimized because the notary will claim usually a four-digit amount for drafting the contract, and that for half an hour of work.

The notary must not refuse notarization on the grounds that he has extra work, see § 15 BNotO.

Good evening,

I expect a bit more professional competence from the admin.

In a purchase contract between private individuals, the 14-day period is not legally required; I have never claimed otherwise. However, even in these cases, it is common practice to have the notary provide a draft in good time before notarization. Since I have been working in this job for a very long time, I can assure you that notaries generally do not differentiate between commercial or purely private involvement. This is very good for consumers - they should understand what they are signing if possible. Once the contract is notarized, it is too late.

Since the contracts consist of 95% text modules, with whose help any notary can draft the contract text within 30 minutes, no special preparation is necessary.

This is equally true and false. Property contracts all look the same in their basic framework; the small and often subtle additions make the difference. It follows that the better a draft is prepared - with the involvement of the notary - the easier it is for the parties involved to sign it. Changes may be made in individual cases and uncomplicated transactions during the notary appointment itself; reality looks different. PS: it would be very polite of you to adhere to the forum rules and add your profession to your profile. Rhineland regards

Perhaps one more addition, because evaluating a Schufa score does not seem to come naturally to everyone.

A Schufa score of 98% is not very good but at best average to satisfactory, since statistically a default within 50 years is to be expected. This period is only slightly longer than a regular mortgage financing of 30-35 years and could be formulated as a slightly increased risk.

However, banks do not regularly base home financing on Schufa data, as they mainly focus on the value retention of the collateral. For loans of less than 80% of the market value, the personal default probability basically no longer plays a role as long as the ability to service the debt is ensured. (Hard KO criteria like [EV] are of course always exclusion criteria)

In this respect, the chain of argumentation in the opening text is rather a side issue and in practice rather irrelevant to absolutely superfluous.

Perhaps a further addition, because evaluating a Schufa score does not seem to be easy for everyone.

A Schufa score of 98% is not very good but at best average to satisfactory, as statistically a default within 50 years is to be expected.

Back then, we were informed by Interhyp that a score of over 95% was expected. That was even stated in some documents.