Right to information from the notary even after purchase?

Ok, I think I need to elaborate a bit more on the content :)

The property was purchased by the municipality. The purchase contract stipulates that the municipality will provide the water supply – costs for this are charged based on the property area and number of floors. At the time, I asked if there would be any additional costs for the water connection, and back then the answer was no.

Now, an invoice from a company unknown to me has arrived, charging again for a part of the water connection costs (everything beyond 10 meters of connection length). Neither the purchase contract nor the municipality’s statute mention anything about this (quite different from other municipalities where this is handled in such a way).

Therefore, I asked the notary for clarification by phone – in an initial conversation, he told me that the entire water connection is covered by the purchase contract. Naturally, I would like to have this information in writing. But two days later the notary denied ever saying this. He said he had spoken to the municipality and told me to contact them, as he was not properly familiar with the matter.

The municipality, on the other hand, has already invited me to an intimidation meeting, where they put a lot of pressure on me to pay the company’s invoice. The justification given is: “We have always done it this way – anything beyond 10 meters has to be paid by yourself.” Except that this is nowhere documented. Hence the question directed to the notary.

I have already formally requested the notary in writing to take a position – he does not respond.

Therefore, I am looking for a reliable legal basis that obliges the notary to provide a concrete written statement.

I have opened a somewhat more extensive thread on this topic ( ), where all possible aspects have already been discussed. My question here is solely:

Do I have a legal claim to information from the notary in such a case of uncertainty?
For me, the facts are clear: Water connection via purchase contract. There is nowhere any mention of a 10-meter limit. I would just like to have this confirmed since reminders are now arriving.

Why should he do that? It is a content-related issue, meaning you have to clarify that with the [Bauamt/ Stadtwerken]. Just because the [Bauamt] is being stubborn doesn't mean you have to drag the notary into it now. He was just the person in the room who notarized the transaction. Nothing more, nothing less. I still have your old thread in mind. If you can't make progress with the [Bauamt], go to a lawyer and leave the poor notary alone.

I agree. What is the notary supposed to bring now besides another opinion?

You have reminders on hand. Then a lawsuit will follow, that will settle it.

Well, that's a point that should actually be clarified before signing. Provided it is known that there is something to clarify. If the purchase contract says "inkl", then it is included. The city can't come back later with the 10m if that's not stated in a statute or something like that. My feeling. I would ask a lawyer. Apart from that, the notary can't do anything now. However, you could follow up, you write that the notary has been working for the city for a long time. He should have come across something like that by now..? And then he would have had to point out that "inkl" is not the correct wording.

Here roles become mixed. As a notary, one is neutral and committed to both parties and must ensure a proper purchase transaction so that no party is defrauded. But now you have a dispute with the municipality; they apparently interpret a contract clause differently than you. Moreover, the notary is apparently also the house counsel of the municipality. But you want him to take your side, which he cannot do as a notary, that is the role of a lawyer. And as the municipality’s lawyer he cannot be your attorney, that is not possible. Therefore, you will have to find another lawyer here to clarify what the municipality as the seller has to pay and what you have to pay. I sense your chances are not bad here if nowhere a payment commitment limits up to 10 m. Feel free to take the contract to a lawyer who is not committed to the municipality. It will be worth it. Karsten

The connection of the house will not be part of the notary contract at all. It regulates the development, i.e. up to the property boundary, construction cost subsidies, etc. can be taken care of with this. House connection is a completely different matter. It is a contract between him and the water supplier, the notary is miles away from this.