Notar costs for cancellation

[WhyNot_DE 155]

Hello, 

 

Today morning my wife confirmed to a Makler for a notar Termin next week. 

 

Situation 

We haven't signed anything and there's no paperwork done. Makler is preparing the Kaufvertrag. 

 

At lunch time there was some distressing family calls (talk about timing) that made us wonder and actually will take us through the weekend to finally decide on what to do next. 

 

My question is is if we are still liable for the cancellation of the notar appointment before a Kaufvertrag. What would be the base value they would use since we didn't since the contract yet? 

 

I tried to Google but most situations are referring to cancellation after the initial appointment or after some paperwork is done. 

 

Thank you 

[PandaMunich 16,574]

32 minutes ago, WhyNot_DE said:

Situation 

We haven't signed anything and there's no paperwork done. Makler is preparing the Kaufvertrag. 

 

At lunch time there was some distressing family calls (talk about timing) that made us wonder and actually will take us through the weekend to finally decide on what to do next. 

 

My question is is if we are still liable for the cancellation of the notar appointment before a Kaufvertrag. What would be the base value they would use since we didn't since the contract yet? 

Makler don't prepare the Kaufvertrag, the Notar does.

If the Notar has already prepared the draft Kaufvertrag, the fee will be the same as if you had gone through with the purchase.

 

For details, please read:

• https://www-gnotkg-de.translate.goog/tipps.html?_x_tr_sch=http&_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
• https://www-ra--kotz-de.translate.goog/notargebuehren-bei-scheitern-der-beurkundung-eines-grundstueckskaufvertrages.htm?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp

 

[WhyNot_DE 155]

Thank you for the quick response as always Panda.. 

 

Thank you for the clarification, wife discussed deirh Makler that mentioned he would send the Kaufvertrag in advance as draft so I thought it was prepared by him. 

Nevertheless it was confirmed from our side so he contacted the notar on our behalf and therefore I was afraid of your answer. 

 

 

 

 

[WhyNot_DE 155]

@PandaMunichand what happens if after the signing of Kaufvertrag the Kredit is rejected? 

 

What are then the costs? Is the Grunderwerbsteuer also liable? 

 

 

 

 

[WhyNot_DE 155]

I mean if its cancelled within the wiederrufsrecht 

 

I understand that the notar kosts will be paid but what about the rest? 

[PandaMunich 16,574]

So now you want to sign the Kaufvertrag and then back out?

Good grief.

 

@WhyNot_DE

As soon as you have signed the Kaufvertrag, that's it, you are on the hook.

You then owe the full purchase price and you also owe the full Grunderwerbsteuer, see here, written by a Notar: https://www-notar--von--bergner-de.translate.goog/wann-muss-die-grunderwerbsteuer-gezahlt-werden/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp

 

Every notarieller Kaufvertrag contains this clause:

• Der Käufer - mehrere als Gesamtschuldner - unterwirft sich wegen der Zahlung des Kaufpreises nebst Zinsen dem Verkäufer gegenüber - mehreren als Gesamtgläubigern gem. § 428 BGB - der sofortigen Zwangsvollstreckung aus dieser Urkunde in sein gesamtes Vermögen
• The buyer - several as joint and several debtors - submits to the seller - several as joint and several creditors pursuant to § 428 of the German Civil Code (BGB) - for payment of the purchase price plus interest to immediate execution from this deed against all his assets.

This clause means that you owe the purchase price, no matter what happens.

And that the seller can use that contract to immediately send the bailiff (Gerichtsvollzieher) to your home to begin impounding your assets if you do not pay that purchase price.

No need for a court title, by signing a contract containing this clause, the Kaufvertrag itself is already that executable title.

 

You need to think long and hard whether you really want to buy real estate in Germany.

Because if you are not 100% sure, you should walk away.

 

I suggest that you consult a lawyer who can explain to you in detail what your duties as a buyer are.

For example, this one offers a 299€ flat rate: https://www.anwalt.de/rechtstipps/immobilienkauf-mit-kredit-erst-zur-bank-und-dann-zum-notar-oder-umgekehrt-200948.html

 

I am starting to see why in some countries, the buyer has to pay a 10% deposit, which he then loses when he changes his mind: https://propertystyles.co.uk/buying-selling-in-portugal/buying-process/

That way, the seller at least has some recompense for the time the buyer wasted.

 

However, that is not how it works in Germany.

Here, there is no gradual getting into it deeper, with the possibility of walking away mid-process, at a relatively low cost.

Here, there is only one contract, and as soon as you sign it, you are 100% obligated to follow through.

[WhyNot_DE 155]

I didn't sign it... You are right that things are going wrong (initial post was something else) we took some wrong advice and now I am just not sure we get the credit approved by the time it requests.. 

We will get the credit I'm almost sure (almost as nothing certain in life) but it may take two or three weeks longer than the expected payment date. I am going to see if we can change the payment date and discuss with the bank. Just wanted to be on safe side and understand if this wiederrufsrecht (as I wrote below) would be possible because then I would pay a smaller stupid fine (the notar costs) than the full fees if I understand correctly. 

 

The Makler was telling us we didn't need the credit approved to go to notar and we were shopping around. 

 

 

I read that it is possible to add a wiederrufsrecht to the Kaufvertrag (nicht Pflicht aber empfehlenswert...) as they gave us the Entwurf too late (48h) and we can't clarify everything we will ask to either shift the date or include the wiederrufsrecht. 

 

 

I just want to always understand what is the worse it can happen. And yes if the owner cannot afford to wait a couple of weeks or if there's really no margin on the payment day (thought the bailiff would be sent only after two weeks also) then it's time to walk