Notary fees. Who should bear them?

Good evening,

We have a stupid situation.
We actually bought a house. The notary draft has already been prepared.
Everything has also been clarified with the bank.

Now the seller probably does not want to sell the house at the agreed time because of a delay with their new construction.

Who would have to bear the notary fees if the deal does not go through?
I mean, we received a confirmation from him that the notary can be commissioned.
Thank you!

Did you make a contract or preliminary contract?

... the person who commissioned the notary pays. If you commissioned him to prepare a draft, then you pay the fees. The notary is not to blame that you did not proceed to the signature.

You can then claim damages against the seller.

That is no problem: agree now in a personal conversation with the sellers on the handover date (e.g. 2 months later) and have the contract manually changed there directly at the notary appointment. Small changes to the date are usual if both parties agree - thus this appointment does not have to be canceled, and no money is lost.

Regards

You can then assert a claim for damages against the seller.

That depends. You have to be able to prove the damage incurred and that it is the seller’s responsibility.
The acquisition of real estate has precisely the legally required standard of a notarial contract; everything discussed beforehand is initially only a draft – the contract with all its rights and obligations only comes into effect through signature.

If afterwards someone backs out or wants something changed, then you have grounds to act. Before that rather not, or there remains a residual risk. For example, it never occurred to me in a dream to terminate my lease before the notarial contract for my house purchase – two to three months' rent for free would always have been the lesser evil, or you “only” have to find a new tenant who moves in quickly and takes over the rent. From my point of view, that is always more realistic than quickly finding a new property.

:
Is it perhaps possible to change the handover date without the purchase contract immediately falling through? The seller also has an interest in finding/keeping a buyer for his house; it would start all over again for him and would cost time and money if the contract does not come to fruition.

Best regards
Dirk Grafe

Thank you for the answers. I actually don’t want to let the contract fall through. I just wanted to get some information. Actually, the broker commissioned the notary. But the broker also got the okay from BOTH parties. So far it is only a draft from the notary, but he certainly doesn’t do that for free. The whole situation is complex. At first, the house was supposed to be sold on 01.05.2017, then on 01.06, and finally on 01.07. That is how it is stated in the draft now. Now the seller says after the draft that he doesn’t know when the new house will be completed. I just don’t understand why he is selling it at all if the date isn’t clear. We were supposed to sign at the bank this Friday. With really great conditions. Which have worsened in recent weeks. It wouldn’t bother us to have the handover on 01.09, but there is no financial concession from the seller.