Real estate

Real estate matters play a central role in notarial practice – also for us. This ranges from the simple purchase of a house or apartment together with the registration of land charges or other encumbrances, the transfer by way of anticipated succession(lifetime transfers) and the division of estates to more complex property development or partition projects.

Real estate purchase contracts

The purchase or sale of a property or apartment is often associated with an important financial decision for the parties. The buyer has to invest considerable sums and often take out loans, for the seller the property is at least a significant, if not the most valuable asset. The legislator therefore requires notarization for real estate purchase contracts. This should not only facilitate proof, but also protect buyers and sellers from hasty decisions. As a rule, a notary drafts the land purchase agreement or purchase agreement for an apartment. In the case of third-party designs, he points out the risks. It is the task of the notary to advise all parties and to ensure a balanced contract design. This minimizes the parties’ risk considerably.

Real estate purchase agreements differ depending on whether vacant land (building plots), partial plots, single-family or multi-family houses, apartments or heritable building rights are to be transferred. That’s why you’ll find our property purchase form here, which you can also use as a “checklist” for your own preparations. The completed questionnaire makes it easier for us to draw up the contract and helps us to better prepare for a preliminary meeting.

You can use the form for a “Purchase agreement for an apartment” as well as for a “Purchase agreement for a house” or other properties.

We will then – if desired – draw up the “notary purchase contract” based on the information provided. You can find further information on the land or apartment purchase contract here.

Transfer agreements, anticipated succession

Gifts and transfers of real estate also require notarization. In the most common cases, the property or assets in general should be transferred to the children in whole or in part during their lifetime for various reasons, be it to make optimum use of the inheritance tax allowances, to reduce claims to a compulsory portion or supplementary compulsory portion or to make provisions for the event of care. Even if the spouse is to be included in the land register, this is usually a transfer of ownership.

Feel free to contact us about the various forms of design or use our form.

Notaries will advise you on whether and how a transfer makes sense in your case and how your objectives can be implemented. The questionnaire on transfer agreements helps us to prepare and gives you an initial overview.

Further information on transfer agreements and asset transfers can be found here.

Settlement of inheritance

In the event of inheritance or company law disputes, real estate must sometimes be transferred from the joint ownership or the company assets. To do this, the “correct” beneficiaries must first be entered in the land register.

In the event of inheritance , the first step is to enter the heirs in the land register. To do this, the succession must be submitted to the land registry in a publicly notarized form. can be proven. As a rule, a certificate of inheritance or a European Certificate of Succession is required. If a notarized will is available, this can also be used as proof together with the opening protocol. The entry of the heirs in the land register is free of charge for the first two years after the inheritance at the land registry and should be carried out.

A notarized settlement agreement is required for the actual transfer of properties from the community of heirs to individual heirs or for the transfer from a company to individual shareholders. In some cases, more cost-effective alternatives are available, such as layering or accretion. Feel free to contact us, we. find the right way to do this, also in consultation with their tax advisor.

If properties are part of a company’s assetsFor example, in the assets of a civil law partnership (GbR), it is advisable to have the register application of the GbR notarized by a notary before the purchase agreement is concluded, which enables the GbR to be identified for the purchase agreement and conveyance via the deed number of the register application. Once registration has been completed, the identity of the eGbR can be designated with the deed number. In this way, the identity of the GbR can be consistently proven by public deeds and the composition and existence of the company can be proven to the land registry. Since 1.1.2024, GbRs that wish to change a “registered” right, i.e. also the ownership of a property or, for example, easements etc., must first be entered in a (GbR) company register (Section 47 (2) GBO in conjunction with Sections 707 et seq. of the German Civil Code).

Both (heirs/GbR) can delay the actual property transaction. These corrections should therefore be addressed at an early stage.

Other, rights to real estate

Restricted rights in rem, such as rights of first refusal, easements, usufruct or land charges, form a significant part of real estate transactions. Please contact us if we can assist you with the registration or deletion of such rights.

Contact us if we can help you with the purchase or sale of your property. We guide the parties through the entire process, from advice and contract drafting to entry in the land register, to ensure a smooth and secure transfer of ownership.