Real Estate

Real estate in legal transactions
Real estate law is a key area of notarial activity and a central component of our work. We handle all notarial matters in the field of private and commercial property law.

In particular, the notary drafts and certifies purchase agreements for developed and undeveloped land, as well as condominiums and hereditary building rights.

The purchase of real estate differs significantly in its legal structure and the associated risks from the purchase agreements that shape everyday life, especially from the purchase of movable property. Notaries are familiar with tried-and-tested regulations, continuously adapt them to new laws and court rulings, take into account the circumstances of each individual case, and consider the individual needs of those involved.

After carefully investigating the facts, we draft the necessary contractual documents, have them notarised and assist the parties involved in the transaction. For example, we obtain the necessary official approvals, take care of the deletion of rights in the land register and protect the purchaser from unsecured advance payments by registering priority notices and monitoring purchase price payments. To secure the financing of real estate, we notarise land charges and mortgages.

Whether you are an entrepreneur or a private individual, we are happy to assist you.

Property development contracts
If houses or flats are sold that are not yet completed or that the seller undertakes to renovate, the parties conclude a property development contract. This contract is unique in that the building (house or flat) being sold still has to be constructed, either in whole or in part, by the seller as the property developer. The purchase contract therefore also contains elements of a contract for work and services. The two form a single entity. The construction obligation assumed by the seller is set out in the building specifications and construction plans.

In addition to the general provisions and securities applicable to the purchase of an existing property, the following provisions apply in particular:

Type and scope of construction work, duration of the construction project, special requests of the buyer regarding the construction. Purchase price payments in line with construction progress, acceptance of the building, warranty

Anticipated succession
We are also available to advise you on property gifts, for example in connection with anticipated succession. Since the post-war generation built up assets worth trillions (a significant portion of which is in the form of real estate), the transfer of this lifetime achievement to family members, whether in the form of private or business assets, plays a prominent role in notarial practice. In this context, we attach particular importance to sensitively uncovering mutual expectations and fears and providing security through proven contract drafting. The assessment of the tax situation and, if necessary, the protection of assets against access by creditors and social welfare agencies always plays a central role in this. My team and I are accustomed to working closely with our colleagues in the tax advisory professions to coordinate the structure you desire and to harmonise civil and tax law requirements.

Ablaufschema_Immobilienkauf

Your notary will regulate the following aspects in every property purchase agreement:

Protection of the buyer and seller

Deletion or continuation of encumbrances

Warranty for defects

Transfer of ownership, uses and encumbrances

Allocation of development costs

Requirement for a survey (purchase of part of a plot)

Explanatory film

Below you will find an explanatory video on the subject of buying real estate.

Documents

The financing should be determined before notarization. It is the responsibility of the buyer. As a rule, the seller is involved in securing bank financing for the purchase property, whereby the notary makes provisions that the loan taken out will only be paid out to settle the purchase price. If the financing of the purchase price has already been clarified in detail when the purchase contract is concluded, the mortgage (land charge or mortgage) used to secure the loan can be notarized immediately after the purchase contract - on the same date.