Notary contract - Notary appointment is tomorrow!

in consumer contracts

The definition of a consumer contract is derived from §§ 310 para. 3, 13, 14 of the Building Code. These are contracts between a business and a consumer.

I have just written the following email to the notary, please let me know if I am exaggerating or if the points mentioned in the notary contract are okay. I only received the notary contract today at 5:00 p.m., the appointment is tomorrow morning, not reschedulable because another interested party already exists, so I urgently need help.

******************************************************************
******************************************************************

"Dear Sir or Madam,

unfortunately, I only received the notary contract for the first time this evening.

The takeover of the apartment should be free of encumbrances, that means I do not want to assume any liabilities possibly registered in the land register by the seller towards third-party creditors.

Below I have the following questions/remarks regarding the points listed below:

*****************************

'The resale requires the consent of the administrator.'

Note: In the declaration of division for the property (attached) it states that the consent of the administrator for resale can only be refused for an important reason, the important reasons are listed in the declaration of division. The declaration of division is attached. This restriction from the declaration of division (resale can only be refused for an important reason) should be considered in the notary contract if possible.

Addition in my opinion unnecessary, since standard. The administrator knows that he can only refuse for an important reason

******************

'The aforementioned rights will not be assumed by the below-named buyer. The deletion will be requested upon submission of the death certificate.'

Question: Is the deletion requested by the notary? Who pays the costs of the deletion? Is the death certificate available?

The request is already included in the deed, so completion with submission of your deed. The cost bearing should be stated in your contract, release from encumbrances usually at the expense of the seller

******************

'Item no. 3 mortgage with letter in the amount of XX,XXX.00 EUR for the building society – Building society of the – in .

This aforementioned mortgage will not be assumed by the buyer. The seller's liability secured by it shall be redeemed from the purchase price simultaneously against deletion of the mortgage in the land register. The notary is commissioned to obtain the deletion documents. The seller undertakes to delete and to apply for the deletion in the land register as the creditor will approve.'

Question: What does the sentence mean: "As the creditor will approve this"? Does that mean I might have to assume the mortgage? A takeover of a mortgage and thus of the seller's secured debts would not be desired by the buyer.

If no deletion approval is granted, the ownership transfer will presumably not be executed. Could also be just the standard phrase in case it is a collective right (i.e. registered at other places as well), then the bank might not grant deletion approval but possibly a release from lien – makes no difference for you

***************

'The seller grants the buyer power of attorney from possession transfer to exercise the voting right at the condominium owners' meeting on his behalf. The contract requires the consent of the administrator.'

Question: Why do I need a power of attorney from the seller? I thought the apartment goes into my possession, so I should have the voting rights corresponding to the co-ownership share at the owners' meetings myself.

Nope, ownership transfer only with registration in the land register – depending on workload this can take longer. Possession =/= ownership
*************

'4. The entire purchase price is due within 10 days after written notification by the notary to the buyer by sending a simple letter that the following conditions are met, but not earlier than *****'

The "not earlier than *****" must be filled in realistically so that there is enough time for me to sign the loan agreement, the bank to credit the amount to my account and then I pay the seller.

*********************

'In the case of residential space, the assertion of personal use may be restricted and residential binding may exist if the property is publicly subsidized or was.'

Question: I am not aware that such a public subsidy and thus a restriction in asserting personal use exists. Is this the case at all and does this clause have to be included?

********************

'd) Continuation of land charges
The established land charges may remain with the buyer after the ownership transfer. All ownership rights and claims for return related to them are hereby transferred to the buyer with effect from the payment of the purchase price, in any case from the ownership transfer. Corresponding land register entry is approved.

The seller grants the buyer power of attorney to represent him in all aforementioned legal transactions[...]'

Note: Land charges, i.e. secured debts of the seller, are not to be assumed by the buyer.

They are not. This concerns land charges originating from you now.

***************************

I am reachable by phone at: , please call me in the morning regarding the points. We can also gladly discuss these points on site at xx:xx on 09.08., I will appear on site at the appointment as discussed.

Thank you very much,

Best regards,

"


************************************************************************************
************************************************************************************

For the short-term submission, please refer to § 17 Abs. 2a Nr. 2 BeurkG.

Question: Why do I need a power of attorney from the seller? I thought the apartment would become my property, so I should have voting rights according to the co-ownership share at the owners' meetings.

More exciting than the Saarland Tatort