Property division with notarized contract for dummies

  • Erstellt am 2015-07-28 19:35:21

daytona

2015-07-28 19:35:21
  • #1
Hello,
can you please explain to a layperson how to best (in their own interest) draft a notarized contract or what the most important points in it are when buying an as yet unregistered partial area of a property.
One of the biggest questions today during a conversation with a bank was that they can only finance if you are registered in the land register. A so-called priority notice of conveyance is not sufficient. After a phone call with a known surveyor, he said that the final registration in the land register can take at least 5 months. However, we would like to start quite quickly.
Then there were terms like power of attorney for encumbrances for the entire area, proof of identity, etc.... I am totally confused.

Thank you
 

nordanney

2015-07-28 22:24:32
  • #2
These are standard contracts for a notary - talk to him. By the way, this also applies to the financing bank; it is also standard there to finance a partial area that is yet to be surveyed. Even if the area is surveyed, it can take months until you are registered as the owner in the land register - a priority notice of conveyance is sufficient (there will be no more than that).
 

Baumhaus.Bau

2015-07-29 09:42:26
  • #3
Hello daytona,

we have just gone through that. Today the property will finally be surveyed.
As nordanney already said, these are standard text modules in the notary contract. It is noted that the property to be purchased still has to be surveyed. The later square meter figure is sufficient here. The bank also approved this with us without further inquiry...
Terms like power of attorney for encumbrances on the entire area and proof of identity were not even mentioned to us...
 

D3N7S

2015-07-29 23:18:08
  • #4
We went through the same topic just last month, that's really a lot of information that a layperson cannot manage alone without the right professionals... Our bank advisor and a notary are the two contact persons who have set everything in motion for us. The urgent surveying took place 3 weeks ago. Soon we will have to go back to the notary to confirm the final, surveyed size of the property from all sides and have it recorded in the land register. It is true that the whole thing is associated with an incredible amount of bureaucracy and it drags on for months, so if I were you, I would take it easy.
 

daytona

2015-08-16 09:28:22
  • #5
: Did you have a basic encumbrance on the entire area included in your notarized contract? Unfortunately, our seller did not want that, as he fears too many risks for himself. How did you handle that with the financing?
 

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