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Notary/notary - real estate law

Property purchase contracts & declarations of division

For most participants, buying or selling a property solely puts all other business in the shade from the financial importance. Significant amounts of the saved assets must be invested and additional loans have to be included. For the seller, too, property is often the most important subject of one's own assets.

The participation of the notary is intended for the buyer and seller to advise and avoid risks in such an important process and to avoid risks. The notary ensures a legally balanced design and helps to avoid risks, he gets the documents required for the enforcement and monitors the ownership of the landlord in the land register on the buyer.

For example, it must be prevented that the buyer pays the purchase price without receiving the property. On the other hand, the seller must not lose his property without receiving the purchase price. The notary discusses their objectives with the contractual participants, informs them about the options for regulation and, based on this, creates a proper and balanced draft of a purchase contract.

Real estate purchase contracts can e.g. B. concern the acquisition of a building site, a single or apartment building, a condominium or a heritage law. The special features of an object affect the design of a contract. This applies in particular to a so -called developer contract with which the buyer acquires a property or a property share in connection with a building - house or apartment - which is still being built. The owner of this property is the seller.

Your notary regulates the following aspects in every real estate purchase contract:

  • Securing buyers and sellers

  • Deletion or continued existence of stress

  • Warranty for defects

  • Transition of property

  • Usings and loads

  • Distribution of the development costs and that

  • Requirement of measurement (partial area purchase).

The financing should be established before the certification. If a bank loan is used, the buyer should discuss with his bank when the loan can be paid out. The notary will then match the regulation of the due date of the purchase price to the time of payment. If the financing of the purchase price has already been clarified in detail when the purchase contract is concluded, the property right (land charge or mortgage), which serves to secure the loan, can be certified immediately after the purchase contract.

Aderhold: Notary/Notary (official residence: Dortmund)

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