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

  • Erstellt am 2018-03-19 18:54:10

Joedreck

2018-03-20 05:32:45
  • #1
And please don't forget: if the seller chooses and commissions the notary, the seller also pays. Don't be tricked.
 

Caspar2020

2018-03-20 06:10:38
  • #2


Usually, the buyer should choose the notary. After all, in most cases, you also pay.

However, the reality is that usually the real estate agent, the municipality, the developer, or whoever brings the notary of their choice to the table; and in all these cases, the buyer also bears the notary costs (this is explicitly regulated as part of the contract draft).

Most cases where the seller then pays something, that I know of, are only when the notarization does not take place due to disagreements.

But in the current seller's market, insist on the regulation; who orders, pays?
 

Caspar2020

2018-03-20 06:23:01
  • #3
Oh yes; with real estate agents it is customary that they almost always obtain the buyer's consent to commission (and practically suggest a notary)...

What kind of seller is that in your case? Private? Municipality? With or without an agent?
 

Joedreck

2018-03-20 07:14:40
  • #4
It was the same with us, but we insisted on our notary, even though we are paying him. Of course, the buyer usually pays the notary, but I thought it was absolutely common that the buyer also chooses the notary.
 

M4dman

2018-03-20 08:08:20
  • #5
Hello, first of all, thank you very much for all the answers.

So the property is being sold by BBF (Berlin Brandenburg Land Development) and mediated through a real estate company (without commission).

What we were told mainly concerns payment regulations that are vague or interpreted to the advantage of the seller, up to a power of attorney for the notary for up to 60 days after the transfer of ownership.

Furthermore, liability for material defects is directly excluded and reference is made to possibly old foundations, cables, and lines that might still lie there.

After the initial shock has passed, we will simply address the main issues with the notary and see if an agreement can be reached. As always, the seller naturally holds the stronger position, and after all, we want to purchase the property.

With the current construction boom, there are many lining up who say, "I’ll sign immediately, give me the property...."

Maybe we just reacted a bit too shocked.... thinking it over for a few days and then gaining clarity again to approach everything objectively is our current plan..
 

Joedreck

2018-03-20 08:15:40
  • #6
Caution is certainly sensible there. Imagine if there really is an old foundation that first needs to be excavated. That could mean extreme additional costs. Let it sink in and discuss it calmly, but that is the best choice.
 

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