The Notar process
9 steps from draft to ownership
What happens at the Notar — and what to watch for as an expat.
Important to know
Germany has no statutory cooling-off period for resale property after signing. The 14-day draft review window is the intended equivalent. Signing binds both parties.
Preparation here is your only protection. Germany has no cooling-off period after signing.
The buyer selects and pays for the Notar. In practice, the seller or Makler often suggests one, but you have the right to choose. For expats, a bilingual Notar (German/English) is worth seeking out.
Any licensed Notar can handle a standard property purchase. Search the Bundesnotarkammer directory at notar.de, or ask your mortgage broker for a referral.
The Kaufvertrag (the purchase contract — drafted and read aloud by the Notar) explained clause by clause.
Check your Kaufvertrag (the purchase contract — drafted and read aloud by the Notar) against these warning signs. Mark each as reviewed once checked.
A standard liability exclusion for Sachmängel is normal. But a clause that also excludes liability for fraudulent concealment is void under § 444 BGB — and its presence suggests the seller is aware of problems they want to hide.
What to do
Have a lawyer review the Gewährleistungsausschluss clause. The standard exclusion is fine; anything extending to arglistige Täuschung must be removed.
The Auflassungsvormerkung is your protection against double-selling. Never pay before it is registered. The Fälligkeitsmitteilung should only issue after the Vormerkung is confirmed. A seller or Makler pushing for earlier payment is a significant red flag.
What to do
Insist that payment is conditional on Auflassungsvormerkung registration. This is standard practice — refuse any arrangement that bypasses it.
Under § 634a BGB, the statutory construction warranty for new builds (Bauträgervertrag) is 5 years from Abnahme. A developer attempting to reduce this below 5 years by contract is unusual and should be investigated. The 5-year period cannot be waived for consumer buyers.
What to do
Insist on the full 5-year warranty. If the contract specifies a shorter period, have a lawyer confirm it is void and request correction before signing.
Splitting the price to assign large values to furniture or equipment to reduce GrESt is tax evasion. The Finanzamt treats obviously inflated furnishing values as part of the property price. Both buyer and seller face GrESt liability on the full economic value.
What to do
Only accept a furnishing deduction that reflects genuine market value. €10,000–15,000 for a fitted kitchen is realistic; €50,000 for 'furniture' in a €300,000 flat is not.
If the seller inherited the property, all heirs must consent or one must hold a valid Erbschein. An Erbengemeinschaft (community of heirs) requires all heirs' signatures. If the seller is a company, signatory authority must be verified.
What to do
Ask the Notar to confirm the seller's authority before the Beurkundung. Request sight of the Erbschein or company registration extract.
A seller's broadly worded Rücktrittsrecht — such as the right to withdraw if a higher offer appears within a specified period — is an extreme red flag. The standard Kaufvertrag has very limited withdrawal rights for either party after Beurkundung. A broad seller withdrawal right means the contract is not truly binding.
What to do
Have a lawyer review any Rücktrittsrecht clause. Standard contracts allow withdrawal only for non-payment or other material breach, not for the seller's convenience.
Unpaid Hausgeld owed by the seller does not automatically bind the buyer, but the WEG may have priority claims. Outstanding arrears also signal potential financial problems in the WEG community that could lead to special assessments (Sonderumlage).
What to do
Request confirmation the seller is current on Hausgeld. Ask for the last 3 years of WEG meeting minutes and accounts to assess the community's financial health.
From signing to legal ownership typically takes 3–6 months. In high-volume jurisdictions like Berlin, it can take up to 9 months.
Auflassungsvormerkung (priority notice in the Grundbuch — protects the buyer against double-selling)
The Notar registers the Auflassungsvormerkung in the Grundbuch. From this moment, the seller cannot sell to someone else, add new debt, or transfer the property without your consent.
Finanzamt (the tax office — receives the contract and issues the Grunderwerbsteuer assessment)
The Notar reports the contract to the Finanzamt within 2 weeks (§ 18 GrEStG). This triggers the Grunderwerbsteuer assessment process.
Grundschuldbestellung (registration of the mortgage lien in the Grundbuch — required before the bank disburses funds)
If you have a mortgage, the bank's Grundschuld is registered in the Grundbuch. The bank will not disburse funds until this is confirmed.
Fälligkeitsmitteilung (payment notice from the Notar — tells the buyer the purchase price is now due)
Once all conditions are met (Vormerkung registered, Grundschuld registered, encumbrances confirmed clearable), the Notar issues the payment notice. The purchase price is due within 14–30 days.
Kaufpreiszahlung (the purchase price payment — by bank transfer to the seller or their bank)
Payment by SEPA bank transfer. Part of the price may go directly to the seller's bank to discharge their existing mortgage. The Notar verifies payment has occurred.
Grunderwerbsteuer (the property transfer tax — must be paid before ownership can transfer)
The Finanzamt issues the GrESt assessment. You must pay within 1 month. After payment, the Finanzamt issues the Unbedenklichkeitsbescheinigung (tax clearance certificate). Without it, the Grundbuchamt will not register the ownership transfer.
Eigentumsumschreibung (the ownership transfer in the Grundbuch — you are now the legal owner)
The Notar submits the transfer application to the Grundbuchamt. Once processed, you are the legal owner of the property.
Schlüsselübergabe (key handover — physical possession transfers from seller to buyer)
Keys transfer per the contract's Übergabetermin. Usually on the date of payment or a separately agreed date. Physical possession, risk, and ongoing costs transfer at this point.