Once the buyer has been found and the price agreed, what is probably the most important moment of every property sale follows: the notary appointment. There, the purchase agreement is read aloud, explained and signed – only with this notarization does the sale become legally binding. We guide you through the exact procedure, the duration, the people present and the documents you should bring.
What Is the Notarization Appointment—and What Is It Not?
The notary appointment, technically called the notarization appointment, is the moment when the purchase agreement for the property is notarized. In Germany, this notarization is mandatory: Without it, a purchase agreement for land or property is void (Section 311b of the German Civil Code (BGB)). The appointment is therefore not merely a formality, but the legally decisive act of the entire sale.
It is important to distinguish this: At the notary appointment, neither the price is negotiated nor is the agreement newly drafted in terms of its content. Both have already been concluded by this point. The handover of the keys and payment of the purchase price also do not take place during the appointment—they follow only weeks later. The notarization appointment is solely about reading out the fully negotiated agreement, clarifying open questions and signing it in a legally binding manner.
The parties receive the draft agreement in advance. In consumer contracts—for example, when a private individual purchases from a commercial seller—the notary generally must provide the consumer with the draft two weeks before the appointment (Section 17 (2a) of the German Notarization Act (BeurkG)). This period protects against hasty decisions. Even in sales between private individuals, it is customary and sensible for the draft to be available in good time so that both sides can review it carefully.
The Notary Appointment Process Step by Step
Step 1: Welcome and Establishing Identity
At the beginning, the notary welcomes the parties and establishes their identities. For this purpose, the buyer and seller present their valid identity cards or passports. The notary also verifies that all parties have legal capacity and are entering into the agreement of their own free will.
Step 2: Reading Aloud the Purchase Agreement
The notary now reads the entire purchase agreement aloud, word for word. This complete reading aloud is required by law.mandatory (§ 13 BeurkG) and cannot be abbreviated – even if all parties have long been familiar with the draft. Extensive attachments such as maps or plans may instead be submitted for review. Depending on the length of the contract, the reading alone takes 20 to 30 minutes.
Step 3: Instructions and open questions
The notary explains the legal implications of the contract and points out risks – such as the consequences of late payment of the purchase price or existing encumbrances in the land register. This instruction is one of the notary’s official duties (§ 17 para. 1 BeurkG). In doing so, the notary is required to remain neutral and advises both sides impartially. This is the right time to ask all outstanding questions. Individual formulations can still be adjusted at the request of the parties, provided both parties agree.
Step 4: Signatures and conveyance
Once all questions have been clarified, the buyer and seller first sign the deed in person, followed by the notary. With the signatures, the purchase agreement is notarized and binding. As a rule, the conveyance is also declared at the same appointment – the agreement on the transfer of ownership, which both parties must declare while simultaneously present before the notary (§ 925 BGB). However, the buyer is only entered in the land register as the new owner later, after having paid the purchase price in full.
How long does the notary appointment take?
An average notarization appointment lasts approximately 30 to 60 minutes. In the case of particularly extensive or complicated contracts – for example, with many special agreements or several parties involved – it can also take up to 90 minutes. The reading takes up the largest share of the time. Schedule the appointment without time pressure: Anyone who rushes may overlook an important point.
Who attends the notary appointment?
The contracting parties – seller and buyer – as well as the notary must be present. In addition, other people may participate:
- Spouse or life partner, if they are co-owners or are purchasing jointly and therefore have to sign themselves.
- The broker, if one was involved – but their presence is not required.
- An interpreter, if one party does not speak German sufficiently proficient. In this case, a translation during the notarization is legally required.
- An authorized representative, if a party cannot appear in person (see below).
The buyer’s financing bank is usually not present at the appointment. It will receive the required documents from the notary later.
Which documents do you need to bring to the notary appointment?
The notary has prepared the contract; nevertheless, you should bring a few things to the appointment:
- valid identity card or passport of all persons signing
- tax identification number – it is required for reporting to the tax office (real estate transfer tax) and can sometimes be submitted later
- bank details (IBAN) for processing the purchase price payment
- notarized power of attorney, if you are having someone represent you
- Details of land charges or loans that are still secured against the property and are to be paid off
Property documents such as the land register extract or declaration of division are generally already available to the notary – he requested them for the draft contract.
Appearing in person or by power of attorney: advantages and disadvantages
It is not always possible for all parties involved to meet at the same location. Representation is then possible – with advantages and disadvantages:
- Advantage – flexibility: If a party lives far away or is unable to attend, representation saves them the journey.
- Advantage – easier scheduling: The appointment is easier to coordinate if everyone does not have to be present at the same time.
- Disadvantage – effort and costs: A power of attorney must be notarized or notarized in a deed, which incurs additional costs.
- Disadvantage – less control: Anyone who is not present personally cannot ask questions directly and must trust the authorized representative.
For such a significant transaction, we recommend appearing in person whenever possible. Representation without power of attorney, in which a party only subsequently approves the contract, is also possible, but it delays the processing.
FAQ about the notary appointment
Who chooses the notary?
The buyer and seller jointly choose the notary. Since the buyer usually bears the notary costs, they often have the final say. The notary is obliged to be impartial and does not represent either side.
Do I need to have read the contract beforehand?
Yes, absolutely. Even if the notary reads the contract aloud during the If the appointment is read out in full, you should carefully review the draft in advance and note down your questions. In consumer contracts, the draft generally must be provided to you two weeks before the appointment.
Can I attend the appointment online or by video?
Physical attendance before the notary is required for real estate purchase agreements. Pure online notarization by video is not permitted for the purchase of real property. Anyone unable to attend must be represented.
What happens immediately after signing?
After notarization, the contract is effective. The notary now initiates the next steps: registration of a priority notice of conveyance, obtaining the necessary approvals, and notifying the tax office. The purchase price only becomes due once all requirements have been fulfilled.
Can I still reverse a notarized contract?
Only in exceptional cases. A notarized purchase agreement is binding; there is no general right of withdrawal. Reversal is usually possible only by mutual agreement or in the event of serious breaches of contract—and is generally associated with costs.
Conclusion: Well prepared for the notary appointment
The notary appointment is the legal culmination of every real estate sale—and with the right preparation, it is completely straightforward. Review the draft agreement in good time, note down your questions, and bring your ID, tax identification number, and bank details. The actual appointment rarely takes longer than an hour: The notary reads out the contract, clarifies any outstanding points, and has it signed. Anyone who knows what to expect can approach this important moment calmly.