Land purchase as a GbR - partnership agreement

which consequences do you mean exactly? I am already aware of a few disadvantages, but nothing that is really "bad". That's why I am asking .. not that I have overlooked something..

**Risks in the GbR

A GbR is founded as soon as at least two parties express the intention to act together. Therefore, no "formal act" or written contract is required - a "handshake" is sufficient. In particular, two aspects are not always clear to the parties involved in a GbR. In a GbR

[*]each partner decides on behalf of the other persons as long as it concerns matters of the community.

[*]each person is liable for the mistakes of the other persons, namely personally and unlimitedly!

Liability issue

From these two points also arise the particular liability risks in the GbR. It is not possible to limit liability to the acting planner (the individual GbR partner). Even those who had nothing to do with the activity that caused the damages can be exposed to claims for damages. This aspect is further reinforced by the fact that new members of a GbR are jointly liable for cases that occurred when they were not yet partners.

**Source: IWW Institute

A really complicated topic where I probably will not save on consulting a lawyer. Only the ~1500 euros for notarization I would like to save if possible.

A notary is not required for the GbR; legal advice still seems advisable to me - that’s what the ladies & gentlemen are there for. What are €1,500 against the luxury of a restful sleep?

Rhenish regards

The topic "GbR" is not unfamiliar to me, but I find it strange that one first establishes one and then asks what legal consequences it has. It usually depends on individual conditions or information that is not available here or was not supposed to be shared.

Many things regarding inheritance etc. are, in my opinion, also completely independent or regulated in other legal sources, so there is definitely no way around a visit to the lawyer here. After 1-2 hours, one is much wiser than before.

Best regards
Dirk Grafe

It's not as if I hadn't informed myself before. The topic of GbR as such is not unknown to me either. Just not in connection with a property purchase yet.

Since we are not married and do not plan to be in the foreseeable future, the GbR seemed to me to be the best option to both regulate the inheritance and to have a flexible arrangement for the shares in the house/property. We will regulate all of this in a contract, which can be drawn up informally. The only question was/is whether such a contract has to be notarized in connection with the purpose of the company.

For now, my question is only whether such a contract must be notarized or not.

Perhaps one should first clarify the terminology. A notarization is a confirmation by the notary that the persons signing are indeed those involved as parties in the contract. Essentially, a signature verification.

For this reason, participation agreements for other types of companies are often subject to notarization. The notary then checks the authority to represent and the signatures.

A GbR never comes into existence without a partnership agreement. However, this can also be oral if the minimum conditions of §§ 705 ff. of the German Civil Code are met, meaning it is concluded "implicitly."

Therefore, such a contract would not be subject to the written form and consequently not require notarization.

However, it is questionable whether you are not overreaching content-wise with your contract. It is somewhat important that the intended purpose can actually be achieved by the contract you drafted, isn't it? If individual provisions are subject to a formal requirement, this may then also apply to the contract as a whole.

It is advisable (as has already been suggested here several times) to contact a lawyer of your choice. They will also check the formal aspects.

You understand that you cannot get a "no, not necessary" answer here, right?