When selling privately, you take on many tasks yourself—but going to the notary remains mandatory. No real estate sale becomes legally effective without notarization. The good news: Organizing the notary appointment is easier than many sellers fear. We explain how to choose the notary, initiate the draft contract, and successfully complete the notarization without an estate agent.
Why a Notary Is Mandatory When Selling
For the sale of a plot of land, house, or condominium, the law requires notarization. A purchase agreement that does not comply with this form is invalid (Section 311b of the German Civil Code). The actual transfer of ownership—the so-called conveyance—must also be declared before the notary with both parties present at the same time (Section 925 of the German Civil Code).
Whether you sell with or without an estate agent makes no difference. An estate agent is legally dispensable; a notary is not. As a private seller, you simply take on the organizational role that the estate agent would otherwise fill: You initiate the notary appointment, provide the necessary information, and coordinate the procedure with the buyer. The legally demanding work is handled by the notary.
Advantages and Disadvantages of Organizing It Yourself
- Advantage – full control: You determine the notary, timing, and pace yourself and are not dependent on an estate agent’s scheduling.
- Advantage – direct communication: You speak directly with the notary’s office and the buyer and clarify questions immediately.
- Advantage – no additional costs: No extra costs are incurred for simply organizing the appointment; the notary fees would also have been incurred with an estate agent.
- Disadvantage – coordination effort: You must compile and keep track of the documents, buyer information, and appointments yourself.
- Disadvantage – no buffer: Without an estate agent, there is no intermediary if difficulties arise between the parties.
- Neutral – the notary advises both parties: The notary is required to remain impartial and instructs both the buyer and the seller. However, the notary does not check the purchase price or the buyer’s creditworthiness.
Six Steps to the Notary Appointment
Step 1: Choose the Notary Together
In Germany, there is freedom to choose a notary. The law does not specify who selects the notary—in practice is usually chosen by the buyer because they bear the costs. In a private sale, it is best to coordinate with the buyer at an early stage to avoid duplicate trips. For real estate transactions, any notary in Germany is competent nationwide, regardless of where the property is located. You can find a notary near you via the official Notary Search of the Federal Chamber of Notaries.
Step 2: Commission the notary and provide information
Once one party – usually the buyer – has contacted the notary’s office, the notary needs a range of information from you as the seller to prepare the draft:
- full personal details of both contracting parties
- information on the property and the land register (land registry office, folio, parcel)
- the agreed purchase price and the planned handover date
- information on existing land charges that are to be discharged
- information on the buyer’s financing if a new land charge is to be registered
The notary generally obtains the current land register status electronically.
Step 3: Carefully review the draft contract
The notary prepares a draft contract based on your information and sends it to both parties. Take time to read the draft and clarify any uncertainties before the appointment – not during it. If one party is a business (such as a property developer or commercial investor), the text must generally be available to the consumer two weeks before notarization (§ 17 para. 2a BeurkG). This period is not mandatory for a purely private sale between private individuals – nevertheless, we recommend allowing both parties around two weeks to consider the matter.
Step 4: Arrange the notarization appointment
Once the draft is finalized, arrange a joint appointment with the notary’s office. Both parties must be present or effectively represented. If someone cannot attend, a notarized power of attorney is possible; the contract is then often notarized initially “without power of attorney” and subsequently approved. Bring valid photo identification to the appointment.
Step 5: The notarization
At the appointment, the notary reads out the entire contract in the presence of both parties; the record is then approved and signed in person (§ 13 BeurkG). The notary explains the legal implications, answers questions, and points out risks. Only afterward the buyer and seller sign, and finally the notary themselves. Allow approximately 45 to 90 minutes for the appointment.
Step 6: After Notarization
The notary’s work is not finished with the signing. They arrange the priority notice of conveyance in favor of the buyer in the land register, obtain the documents required to delete old land charges, and inform the parties as soon as the purchase price is due. Only once the buyer has paid does the notary arrange the transfer of ownership in the land register. This process takes place largely without your involvement – the notary’s office will inform you about every step.
Documents the Notary Expects from You
The notary works with the information and documents supplied by you and the buyer. As the seller, have the following ready:
- the current land register extract (the notary usually obtains the land register information themselves)
- for a condominium, the declaration of division with the apartment number
- information on registered land charges and the lending banks
- the agreed key details: purchase price, handover date and payment method
- valid photo identification for the notarization appointment
The more complete this information is, the faster the notary can prepare the draft.
How Much Does the Notary Cost – and Who Pays?
Notary fees are regulated uniformly throughout Germany in the Court and Notary Costs Act (GNotKG). No notary may charge more or less than provided by law; the amount depends on the purchase price. For the notary and land register combined, you should budget around 1.5 to 2 percent of the purchase price. These costs are usually borne by the buyer. As the seller, you generally only pay the fees for deleting your own land charges that are still registered. Since the fees are prescribed by law, price is not a criterion when choosing a notary.
FAQ About the Notary Appointment Without an Agent
Do you need a notary at all for a private sale?
Yes. Notarization is legally required for property sales and cannot be circumvented. Without notarization, the purchase agreement is invalid. A real estate agent, on the other hand, is not legally required.
Who chooses the notary if there is no agent involved?
The buyer and seller can freely agree on this. In practice, the buyer usually chooses the notary because they bear the costs. In a private sale, discuss this directly with the buyer.
Do the buyer and seller have to attend the Appointment?
Basically, yes. The conveyance requires both parties to be present simultaneously. Anyone who is unable to attend can be represented by means of a notarised power of attorney – the contract is then approved subsequently.
Does the two-week period also apply to sales between private individuals?
The statutory two-week period is mandatory only when a business and a consumer are involved. It does not apply to a sale purely between two private individuals. Nevertheless, we recommend that you allow yourself around two weeks to consider the matter.
How long does it take from commissioning the notary to notarisation?
It frequently takes two to four weeks from commissioning the notary to the appointment – depending on the notary's workload and how quickly all information is provided. The subsequent land register processing can take several weeks to months.
Can the notary also check the purchase price or the buyer?
No. The notary notarises impartially and informs both parties about the legal implications. The notary does not check whether the price is appropriate or whether the buyer is solvent – that remains your responsibility as the seller.
Conclusion: Organising the notary appointment yourself is entirely feasible
Organising the notary appointment without an estate agent is not rocket science. Choose a notary together with the buyer, provide complete information for the draft and allow both parties sufficient time to consider the matter. The legally demanding parts – drafting, providing legal information and processing the land register – are handled by the notary anyway, impartially for both buyer and seller. Anyone who proceeds in a structured manner saves the estate agent's commission without compromising on the most important step of the sale.