The client(s)
(and)
(hereinafter referred to as buyer)
hereby commissions and authorizes:
xxxxxxxx
to have a notarized purchase agreement prepared by a notary. .
In my opinion, this passage is now the basis for a possible claim.
After reviewing some case law and the Court and Notary Costs Act, I revise my opinion from #8 (owner must) pay.
§ 29 Court and Notary Costs Act General debtor of costs
Notary fees are owed by the person who
1. gave the order or made the application,
2. assumed the liability for costs toward the notary, or
3. is legally liable for the cost liability of another.
There is an annex (to § 3 paragraph 2) to the Court and Notary Costs Act that contains the fee schedule (KV). For the drafts, Preliminary Remark 2.1.3 applies:
Early termination of the notarization procedure
Preliminary Remark 2.1.3:
(1) A notarization procedure is deemed to have ended early if, before the signing of the record by the notary, the notarization order is withdrawn or rejected, or if the notary determines that, in his opinion, the commissioned notarization is no longer to be expected for reasons not attributable to himself. If the procedure has not been pursued for more than 6 months, notarization is generally no longer to be expected.
(2) If the notary subsequently carries out a renewed notarization procedure on the basis of the already performed notarial activities after the early termination, the fee charged under this section will be credited against the fee for the renewed notarization procedure.
(3) The preparation of a draft within the meaning of the following provisions is equated with the review, amendment, or supplementation of a draft submitted to the notary..
In short
The drafts are chargeable, albeit somewhat cheaper.
The client must pay – according to the Federal Court of Justice at least if he expressly orders a draft. The crucial question is who the client (for the notary) is. The basis is the power of attorney, which enables the order to be placed via the (hidden) mandate to the broker.
It is well described here (->Google):
Notarization failed – notary costs for draft purchase agreement?
The good news: Both the interested party and the owner are jointly and severally liable according to the specific article.
BUT: Because of the hidden "placing of the order," one might possibly see it differently here, that only the interested party should pay (although obviously not willingly).
§ 32 Court and Notary Costs Act Multiple debtors of costs
(1) Several debtors of costs are liable as joint debtors.
(2) Additional costs arising from special requests of a party shall be borne solely by that party.