Land purchase as a GbR - partnership agreement

Hello,

we bought our property as a GbR. For this, the contract simply added the phrase "als Gesellschaft bürgerlichen Rechts" behind our names. That is all fine. Therefore, there is no partnership agreement, and the regulations of the Building Code apply by default. We now want to conclude a written contract retrospectively and regulate some things (inheritance, shares, separation, etc.).

My question: Do we have to have this contract notarized? § 311b of the Building Code should have been taken care of by the purchase contract in which we are listed as a GbR, right? So, in my opinion, an unsigned contract should be sufficient. Maybe someone here is familiar with this?

Since you want to arrange a regulation for a probably not insignificant real estate value, I would consult at least one specialist lawyer; the forum is definitely not sufficient.

For me, it is initially only a question of whether such a contract must be notarized or not.

Hello,

no legal advice may be given here, as this is exclusively the responsibility of the advising professions in Germany!

we bought our property as a GbR ... We now want to subsequently conclude a written contract and regulate some things (inheritance, shares, separation, etc.).

My question: Do we have to have this contract notarized?

No form is prescribed for the conclusion of the partnership agreement; not even a contract is required, as you experienced with the property purchase.

I am just wondering whether you are really aware of the consequences of a GbR – especially in the worst case? Spend some money and consult a lawyer you trust and clarify with them what should be included in a partnership agreement and what should better be regulated bindingly by means of another contractual form.

It is not uncommon for saving in the wrong place to turn out to be – "surprisingly" – quite expensive

Rhenish greetings

Inheritance contracts are subject to notarization by a notary, wills are not. Private contracts can also be made without one, but partnership agreements, I believe, again through a notary. As for how it is with a GbR, that is beyond my knowledge, yet in the case of founding a GbR, even just the oral contract applies.

First of all, I want to say that of course I do not expect legal advice here in the forum.

Thank you for your answers.

which consequences do you mean exactly? I am aware of a few disadvantages, but nothing really "bad." Hence my inquiry .. not that I have overlooked something..

A really complicated topic, where I probably won't save on consulting a lawyer. Only the ~1500 euros for the notarization by the notary I would like to save if possible.