Property purchase & broker behavior: Is this normal?

The good news is that many notaries (at least the ones I know in BY) do not charge fees for a simple real estate purchase contract draft, although they could.

A standard draft is neither rocket science nor simple copy-paste. The effort and costs do not arise from inserting addresses and purchase price, but from all the advice for which the notary is responsible. Personally, I think that from the buyer’s perspective, the first step is to find out whether there are any hidden pitfalls in the purchase contract that the seller insists on, or if it is uncomplicated standard. I always hope for decent agents, and they should have a sample purchase contract ready even without a notary. After all, it speeds up the sale.

I always hope for decent real estate agents, and they should have a sample purchase contract ready even without a notary. After all, it speeds up the sale.

In my assessment, decent real estate agents are, to put it kindly, a minority, and they always want to change notaries to their own draft.

Huh? Too convoluted, don't know what you want to say.

Just to add this: Apparently, there are also some notaries who are hardly competent or committed, who really provide zero advice despite their obligation. If a first-time buyer later finds out what the terms of the contract mean, they can only deal with the seller on a goodwill basis. That's why one should work through the contract draft really meticulously before signing. (actually obvious but still worth mentioning)

I always hope for decent real estate agents, and they should have a sample purchase contract on hand even without a notary. After all, it speeds up the sale.

The real estate agent has pretty much* no interest at all in the content of the purchase contract. It’s about the contract being signed, and then the commission becomes due. (* Some insist that the purchase contract should explicitly state that the commission is due, but that’s actually nonsense, because the brokerage contract does not require notarization.) The notary usually prefers to use their standard contract and then first adds everything that the seller’s and buyer’s side want (contracts optimized for the buyer can also be drawn up). It is then the job of the notary or their employees to explain any questions about the contract and, if necessary, to change it. For this purpose, an appointment is made before (!) the notarization appointment with the respective notary employee responsible for this matter. Very few notaries will ever have seen a real estate purchase contract before the notarization. It is far too standard for that. It looks somewhat different in part with property developers. If a developer regularly brings high turnover to “their” notary, it can happen that the contracts are formulated more in favor of the developer. In such cases, it really helps to get external advice (lawyer). Note, the notary is not (!) required to point out one-sidedness or traps in the contract, but they must answer factual questions correctly and neutrally and explain the respective meaning/consequences.

Just to add: Apparently, there are also some notaries who are not very competent or committed and who provide absolutely no advice contrary to their duty.

However, I also see an obligation on the buyer's part to actively ask about what they do not understand. It annoyed me when the notary, during the purchase of the EETW, started asking questions about financing, such as fixed interest periods, and began explaining how an annuity loan works. Especially at an extremely sloooooow pace. He also still had a dictation device with cassettes on which he recorded instructions for his employees. :oops: :oops: :oops: For the house purchase from the developer, it was of course the complete opposite, and I inwardly questioned the neutrality of the notary (large law firm) when he asked the seller during the notarization if they did not want to schedule an appointment for the earliest start of construction. :mad: