House seller cancels before notary appointment - Schufa

  • Erstellt am 2016-04-11 13:02:04

Bauexperte

2016-05-11 16:18:04
  • #1
2 state law exams, not infrequently 3 years as a notary assessor before a notary office can be taken over. And you want to tell us that a notary appointed by the Ministry of Justice carelessly puts this at risk? Especially since the number of notary positions is also limited? I don't know why you tick the way you do – but this is absolutely not about being right! Rhineland regards
 

tomtom79

2016-05-11 23:13:43
  • #2


There are also bad apples among notaries. Furthermore, notary appointments here in Pforzheim are not possible within 4-5 weeks... but if you know someone, 1 week is also possible.
 

Bauexperte

2016-05-11 23:34:12
  • #3
No rule without exception Rhenish greetings
 

Otus11

2016-06-06 15:54:44
  • #4


With all due respect: "Objection, your Honor!"

Or in other words: If there is already supposed to be a lawyer for a fee, I would go to an attorney for advice concerning MY interests, not to the notary.

Because notaries, as legal officers due to their functional position, are precisely not (interest) representatives:

§ 14 BNotO

(1) The notary shall administer his office faithfully according to his oath. He is not a representative of a party, but an independent and impartial advisor of the parties involved.
(...)


A Prosecutor – nomen est omen: a public prosecutor – primarily has to consider the interests of his employer, not the interests of a suspected offender.
 

Prosecutor

2016-06-07 09:35:47
  • #5
You don’t want to understand me, do you?
One last attempt:

1. No contracting party wants to spend additional money besides the notary fees (and in my opinion should not have to) to have the contract reviewed. But they would have to do that as a layperson if sending a draft beforehand is supposed to make any sense at all. Otherwise, sending it is MEANINGLESS!

2. Therefore, the notary should preferably fulfill his duties and explain the clauses in a way understandable to laypeople. This does not require sending a draft beforehand, unless he were to explain the clauses in writing (which no one does).

3. Of course, the notary must remain neutral. Who has claimed otherwise? Precisely because of this, he should explain to the parties the meaning and implications of each individual clause. Whether the clauses are included in the contract must be decided by the contracting parties through an agreement, not by the notary.

4. It is all the more regrettable when notaries make themselves representatives of the interests of developers or brokers or present standard contracts to the parties without comment and rattle off the contract text to do as little work as possible for exorbitant fees.
 

Uwe82

2016-06-07 09:51:44
  • #6

They don’t necessarily have to. But if I can calmly read through a draft contract beforehand, I can make the consequences clear to myself and don’t have to make hasty decisions. Then I can still ask the notary, for example by email, how things stand or have them explain it in detail at the notary appointment if I haven’t fully understood it.

But then I can consider options in advance and make a quick decision. Otherwise, such an appointment would take hours...

In all my previous notary contracts, we received the draft beforehand and could think it over and work efficiently during the appointment.
 

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