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Real estate law

The purchase or sale of a property eclipses most other transactions in terms of financial significance for most parties involved. Substantial amounts of saved assets must be invested, and additional loans are often required. For the seller too, the real estate often represents the most valuable asset in their own portfolio.

To ensure that both the buyer and seller are properly advised in such a significant transaction and to avoid risks, the involvement of the notary is planned. The notary provides a legally balanced structure and helps to mitigate risks; he obtains the necessary documents for completion and monitors the transfer of ownership in the land register to the buyer.

For example, it must be prevented that the buyer pays the purchase price without actually receiving the property. On the other hand, the seller should not lose their property without receiving the purchase price. The notary discusses the parties' objectives, informs them about the available options for arrangements, and based on that, prepares a fair and balanced draft of the purchase agreement.

Real estate purchase agreements can pertain to various types of acquisitions, such as a building plot, a single-family or multi-family house, a condominium, or even a leasehold interest. The unique features of a property influence the structure of the contract. This is especially true for a so-called "developer contract," where the buyer acquires a piece of land or a share of land in conjunction with a building—either a house or an apartment—that has yet to be constructed. In this case, the seller serves as the property developer.

The following aspects are regulated by your notary in every real estate purchase contract:

Securing buyers and sellers
Deletion or persistence of encumbrances
Warranty for Defects
Transfer of ownership, uses and encumbrances
Allocation of development costs
Requirement of a survey (partial area purchase)

Financing should be finalized before the notarization. If a bank loan is utilized, the buyer should consult with their bank on when the loan can be disbursed. The notary will then coordinate the timing of the purchase price's due date with the loan's disbursement schedule. If the financing of the purchase price is already sorted out in detail at the time of concluding the purchase agreement, the land charge or mortgage serving as security for the loan can be notarized immediately following the purchase agreement.

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Regardless of whether you currently only want notarial advice or are aiming for a notarization: We offer you the opportunity to enter all the necessary information directly into a tailor-made online form and then send it securely to us in encrypted form. In this way we can suggest a suitable appointment to you efficiently and quickly.

Your contact in Cologne

Notary Manuel Busch

+49 2234 946780

I am pleased to offer you comprehensive notarial advice in the field of real estate, supported by my skilled team. With our expertise, we aim to ensure that all matters are handled according to your expectations and are legally secure. Should you have any questions or require assistance, please do not hesitate to contact us. We are always available and happy to assist you.

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