Template of Vollmacht für Wohnungskauf

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Could you point me to a template in German of "Vollmacht für Wohnungskauf" I need it in order to buy an apartment without presence of my spouse. The notary which is gonna sign it is not very helpful. He believes his job is to confirm that the signature is done by the right person. The only template I found is for a purchase of a land:

 

Vollmacht für Grundstückskauf

Vollmachtgeber: __________________________ _______________________________ (Name, Adresse, Geburtsdatum, Personalausweis ID, Personalausweis Aussteller, Personalausweis Austelldatum)

Bevollmächtigter: __________________________ _______________________________ (Name und Adresse, Geburtsdatum, Personalausweis ID, Personalausweis Aussteller, Personalausweis Austelldatum)

Grundstück: __________________________ _______________________________ (Adresse und mögliche Details)

Für den Kauf des oben genannten Grundstücks bevollmächtige ich als Vollmachtgeber oben genannte Person als Bevollmächtigten, in meinem Namen und Willen den Kauf zu vollziehen. Es wurde ein Kaufpreis von _______________ Euro vereinbart. Ebenso ist der Bevollmächtigte berechtigt, die notwendigen Eintragungen in das Grundbuch zu unterschreiben und alle mit dem Kauf zusammenhängenden Unterschriften zu leisten. Es dürfen dabei alle Erklärungen abgegeben werden, die zum Abschluss des Kaufvertrags notwendig sind.

Die Vollmacht kann durch mich jederzeit widerrufen werden. Sie ist gültig bis zum Abschluss des Kaufs des Grundstücks.

__________________________            _______________________________

Ort und Datum                    Unterschrift Vollmachtgeber

 

 

 

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Dont be surprised if the Notar insists that your wife signs any "Wollmacht" in their chamber, in the presence of the notar. 

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12 minutes ago, darck said:

He believes his job is to confirm that the signature is done by the right person.

 

Isn't it?

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23 minutes ago, darck said:

Could you point me to a template ... The notary ... is not very helpful. He believes his job is to confirm that the signature is done by the right person.

 

 

Sounds like you want the Notar to provide you with a form of Vollmacht? 

 

Did he refuse, or was it that he wanted to charge you for it? 

 

I suppose you could get a form from the Internet, or from a Rechtsanwalt (for money), but "[Notars] examine the intentions of the parties, draft the contracts and instruments necessary to carry out the intended transaction and ensure that the contractual provisions are in full compliance with the law."  (See https://www.bnotk.de/en/what_for.php ) -- So I would expect that for money he could prepare a suitable form of Vollmacht for you.  

 

 

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So in the latest email he writes that he can prepare the text with extra fee, but that I perhaps know somebody who can do it for free...

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Why dont you simply pay the notar?  

 

If you are paying a few  thousand euro for an apartment, 200-300€ isnt that much extra... 

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21 minutes ago, SpiderPig said:

Why dont you simply pay the notar?  

 

If you are paying a few  thousand euro for an apartment, 200-300€ isnt that much extra... 

because it's extra 200€ paying for a template A4 which doesn't bring any extra value.

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22 minutes ago, darck said:

which doesn't bring any extra value

uh...except for ensuring the legal ownership of the property is as you had intended. Of course, to save €200 you could just google for something which "might" do the job, what have you got to lose?...oh yeah, the entire value of the property!

Bite the bullet and pay the guy.

If you want to save money on your deal, you could try to push back on the Makler, or better still, see if there are any fittings which will be part of the sale but which so far are included in your offer price: if the notar agrees to reduce the value of the property (whilst keeping the overall purchase price unchanged), you might be able to save some tax.

 

 

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"uh...except for ensuring the legal ownership of the property is as you had intended."

- that's not the job of this notary. That's the job of another notary which will confirm the purchase of the apartment.

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21 hours ago, darck said:

because it's extra 200€ paying for a template A4 which doesn't bring any extra value.

 

No extra value, eh?  How about the convenience of closing this deal without your wife being present - that's the whole point of this exercise, right?   If you want the correct form of Vollmacht to be sure the transaction goes as hoped, expect to get advice about the Vollmacht from someone that knows what they are doing and has liability insurance (required by BRD) just in case they don't.  If you want the benefit of such advice, expect to pay for it. 

 

 

21 hours ago, darck said:

"uh...except for ensuring the legal ownership of the property is as you had intended."

- that's not the job of this notary. That's the job of another notary which will confirm the purchase of the apartment.

 

You can't be sure the purchase will hold up long term unless all the pieces of the puzzle are correct.  If it turns out there is a problem with the Vollmacht, who knows what will happen with the transaction.  That's why having the correct Vollmacht is relevant to ensuring the ownership is as you intend.

 

Just an A4 template?   No, it is a magical piece of A4 paper with mystical words on it that let you do something you can't otherwise do -- close the sale without your wife being present.  Find a magician that knows the trick, or get your wife to show up for the closing, or try doing the magic trick yourself and time may tell if you got it right.

 

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9 hours ago, DoubleDTown said:

 If it turns out there is a problem with the Vollmacht, who knows what will happen with the transaction.

 

In worst case scenario it will require another Vollmacht or personal statement of my wife. I read that it's even possible to buy without this Vollmacht and let her confirm transaction later.

 

The law should not be accessible only to magicians.

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1 hour ago, darck said:

I read that it's even possible to buy without this Vollmacht and let her confirm transaction later.

 

Well, there you go then.  If you think that would work, it would solve your whole Vollmacht problem - including the cost of notarizing a Vollmacht.

 

1 hour ago, darck said:

The law should not be accessible only to magicians.

 

the law is accessible to anyone willing to take the time to learn excellent German and study the law, or pay someone who has for their expertise.  Just like the beneifts of safe electrical wiring and plumbing are accessible to anyone willing to invest the time and energy in learning how they work, what the best modern materials are, and collect all the necessary tools - or pay someone who has to handle the electrical and plumbing matters.

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1 hour ago, darck said:

I read that it's even possible to buy without this Vollmacht and let her confirm transaction

That's correct. I've done that already. You can act as your wife's representative and she will have to authorise for the transaction to proceed.

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It´s called a "Genehmigungserklärung". You declare either to a notary or - if abroad - to a German embassy or Consulate that you indeed are authorising the transaction. The Consulate General in NYC charged my daughter only $ 80 for it (IIRC).

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