Kaufvertrag
Purchase Contract. The notarised property purchase agreement: the only legally binding form of property sale in Germany. Reservation agreements and handshakes bind no one.
The notary must provide consumers the draft 14 days before signing and reads the deed aloud in full at the appointment. Standard architecture: parties, property per Grundbuch, price and payment trigger conditions (Fälligkeitsvoraussetzungen), transfer of possession (economic transfer), warranties (usually 'as seen' for used property), and the Auflassung.
Payment flows only after the notary confirms the priority notice, any pre-emption waivers and financing security: the choreography that makes German transactions safe without escrow in most cases.
Frequently asked questions
Is a German property purchase contract binding before notarisation?
No. Only a notarised contract is legally binding. Reservation agreements, signed offers and verbal commitments bind neither side, which cuts both ways in a competitive market.
How long do I have to review the contract?
Consumer buyers are entitled to the draft at least 14 days before the signing appointment. Use it: changes after the draft has circulated cost time and can add notary fees.
What should be written into the purchase contract?
Beyond price and property, the handover date, any separately priced inventory, the treatment of known defects, and the allocation of any resolved or foreseeable special levies. Anything agreed verbally and not in the deed does not exist.
Can I withdraw after notarisation?
Not unilaterally. There is no statutory cooling-off period for a notarised property purchase. Withdrawal rights exist only if the contract itself grants them.
