Land contract notarized unilaterally by the notary - Change the notary?

  • Erstellt am 2018-03-19 18:54:10

M4dman

2018-03-19 18:54:10
  • #1
Hello everyone, We want to build and have already found the suitable plot of land. After the agents had done their "job" and we had paid a reservation fee, the contract from the notary and an appointment followed. We have now had the contract reviewed by an acquaintance who works as a lawyer. He was horrified and his choice of words: I have the impression that Notary XX is in the service of the sellers and acts in various ways on their behalf. As a result, in my opinion, there are a number of provisions included that would not yet lead to proceedings before the notary chamber, but are certainly borderline. Phew... after some detailed explanations and clarifications, we basically agree. Now the question is how we should proceed? The notary was not commissioned by us but by the seller. We have signed nothing with that notary. How do we proceed now? Do we hire a lawyer to adjust the contract or do we change the notary? PS: the acquaintance who reviewed the contract is 700 km away. So we cannot use him. He said to get a lawyer. I hope you can help! Thank you very much
 

77.willo

2018-03-19 18:59:08
  • #2
Even if the notary reviews the contract for legality - the content is determined by the seller. If they don't want to negotiate, then you simply don't sign.
 

Alex85

2018-03-19 20:08:53
  • #3
Exactly. I would also initially be cautious towards the statement of the acquaintance, even if it is difficult. Lawyers are naturally divided and love one-sidedness in favor of their own clients. That means, just as the notary may have incorporated the seller's wishes, your acquaintance views the contract from your perspective. The compromise lies in the middle. I would address specific points that are bothering me. And initially without my own lawyer. First, wait for the reaction.
 

toxicmolotof

2018-03-19 21:52:50
  • #4
What does one-sided mean to you (or your friend)?

Are these things you can actually live with (as long as the property is yours) or do not just a toe in the shoe press on you (for whatever reasons), but the whole shoe?

What disadvantages do you incur from the contract? Usually, such a property is just one thing... money for transfer and then the flood.

If there are any uncertainties, they must be clarified with the seller before signing.
 

Caspar2020

2018-03-19 23:55:46
  • #5


For labor law or also experienced in the real estate contract sector?

Actually, such a land purchase contract is quite simple. And most of them are practically already templates in the notary’s computer.
 

DNL

2018-03-20 00:34:58
  • #6
Do you have an example of what kind of terrible things are in there?
 

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