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About hoare-spitall

  • Birthday 04/01/1924

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  • Location Rheinland-Pfalz
  • Nationality Anglo-German
  • Year of birth 1924
  • Interests History, politics, wine, beer and other beverages.
  1. Role of a notary when purchasing a property

    @pappnase - you're welcome. Sorry to hear you were, in effect, bitten, but by the "crazy lady". There is often a very different, sometimes entirely unrealistic, attitude prevails here about property matters, to the one to which Brits are accustomed. 
  2. Role of a notary when purchasing a property

    In principle what Pappnase has told you is correct, but his is the practical version, and deviates in detail from reality.  That the buyer pays the cost of conveyance is enshrined in law - I can't remember which, but will dig it out if required. The contract, whether it stands or falls, belongs to the act of conveyance, so it's the buyer's responsibility. Having been bitten too often in the past (yes, Notaries also get bitten) they tend to include a clause in the contract which, as Pappnase said, binds both parties, jointly and severally. In practise, following a failed contract, the Notary would bill the buyer. Only if all means of obtaining payment fail, eg. if in reality the buyer turns out to be insolvent, then the Notary would bill the seller, and would be supported by the courts in all efforts to obtain payment.  A tip for those not fully au fait with Germany's ways: virtually everything is governed by law, and the way to solve a legal problem is to refer to the basics, i.e. the law governing the matter in hand. Only then can you know if your aim is achievable, and how to set about getting to it.
  3. Role of a notary when purchasing a property

    A Notary is required (under German law) for the conveyance. A solicitor can, but may not necessarily, also be a Notary. If the solicitor is not a Notary you will simply end up paying twice, but the additional cost may be worth it if you are concerned about being treated fairly. The buyer carries the cost of conveyance, unless the buyer negotiated another arrangement at the start of the process. The Notary (even if he's also a solicitor) is obliged to represent the interests of both parties. That's theory. It doesn't always work out that way in practise. Forget the "adversial" house conveyance process that prevails in UK, it's not relevant here.  Caveat emptor!