Notary for real estate law Wiesbaden

For private individuals, investors and companies alike, entering into a real estate transaction is a far-reaching economic decision that requires special consideration. legal procedure is required. For this reason, the legislator has enshrined notarization for these important legal transactions in the German Civil Code. The notary's impartial involvement is not only essential for traditional house purchases, but also for the division of land and the drafting of contracts for transfers, for example.

Against this background, this article explains the central role of the Notary in the Rhine-Main area, describes his approach and uses examples to show how notarial support is structured in real estate transactions.

The two Notaries of the law firm Goroll - Teusch - Jansen are at your side in Wiesbaden to provide you with competent advice on all questions of real estate law and to protect the interests of all parties involved in the implementation of notarial matters. Feel free to contact us for your concerns.

Why do real estate transactions in Wiesbaden require notarial expertise?

The Hessian state capital Wiesbadenwith around 280,000 inhabitants, is one of the most important cities in the Rhine-Main region and is characterized by a particularly diverse real estate market. Magnificent Wilhelminian-style villas in the historic spa district are juxtaposed with modern residential complexes, while attractive commercial space complements the portfolio. Thanks to its strategically favorable position between the financial metropolis of Frankfurt, Mainz in Rhineland-Palatinate and the natural Taunus region, as well as its first-class transport links, the city attracts both private and commercial property buyers.

While Private individuals from the purchase of a condominium to the transfer of a house as part of an anticipated inheritance, make a wide variety of real estate transactions, invest The company in commercial real estate, develop new residential projects as property developers or expand their real estate portfolios.

In order to protect the interests of all parties involved in these and many other real estate transactions, the legislator has prescribed notarial assistance. As neutral authority, the notary mediates between the parties and ensures the Processing of notarized real estate transactions.

When is the involvement of a notary necessary in real estate transactions?

Notarial assistance in the area of preventive administration of justice serves to avoid subsequent disputes by clearly drafting contracts and declarations. This task is enshrined in the Federal Notarial Code (BNotO), while the substantive standards regulate the specific cases in which notarization is required. The notarial activity includes both the Statutory notarizations as well as voluntary advisory servicesas the following examples show:

Notarial assistance with real estate purchases

When buying or selling real estate of any kind, a notary provides comprehensive advice, points out possible risks (e.g. unsecured advance payments) and checks the ownership structure in the land register. Once he has drafted the purchase contracts, revised them if necessary and finally notarized them, he ensures that the contracts are executed in the specified order.

Drafting and notarization of transfer agreements

If property - such as real estate or land - is to be transferred, the notary advises and records the interests of the parties involved in a transfer agreement, also known as a gift. The transferring owner can be secured, for example, by rights of use and reclamation. Finally, the deed is notarized.

Supervision of divisions in condominium ownership

If a property is to be divided into condominiums, the notary draws up the necessary declaration of division and regulates the rights of the future community of owners. He draws up the community rules, defines special rights of use and ensures correct entry in the land register.

Notarization of declarations relevant to the land register

The notary notarizes the creation of land charges as security for the lender and certifies further declarations such as deletion approvals or changes of rank. Based on these documents, he submits the corresponding applications to the land registry office of the local court and accompanies the process through to registration.

As notaries at the law firm Goroll - Teusch - Jansen, we assist you in Wiesbaden in all these real estate law matters and, thanks to our experience, contribute to the preparation and notarization of contracts and their execution in which the interests of the parties involved are taken into account.

What steps does notarial support involve in the area of real estate law?

A notary is a independent and impartial holder of a public officewhose main task is the notarization of important legal transactions and events. However, his work begins before the actual notarization and extends beyond this, as the following example shows. Procedure for notarial assistance occupied:

Preparation

During the preparatory phase, the notary conducts discussions with all parties involved in order to understand their often differing objectives. In addition to fully clarifying the facts of the case, explaining the legal consequences is one of his key tasks. At the same time, he checks the necessary documents such as land register extracts and existing contracts.

Document creation

Based on the preliminary discussions, the notary prepares a draft of the deed in which the interests of all parties and their agreements are precisely formulated in accordance with the statutory provisions. After completion, the draft is made available to the parties, whereby the notary is available to answer questions and make adjustments if necessary.

Notarization

At the notarization appointment, the notary begins by reading out the complete deed, where he is happy to answer questions about the legal significance and scope of the agreement for all parties involved (again) and, if necessary, make adjustments (again). The deed is then signed by the parties and the notary, which makes it legally effective.

Execution of the deed

Notarization marks the beginning of the important phase of contract execution for the notary. He monitors the proper execution of all agreements made and coordinates the necessary steps with authorities, banks and the land registry. In the case of real estate transactions, he ensures the secure exchange of services between the parties.

Notarial services require the highest level of legal expertise and diligence at every stage. The two notaries of the Wiesbaden law firm Goroll - Teusch - Jansen accompany you competently through this process, from the initial consultation and contract review to the notarization and subsequent execution of the deed.

Law firm Goroll Teusch Jansen: Notaries for real estate in and around Wiesbaden

In the historic Villa Carla in the center of Wiesbaden is home to the law firm Goroll - Teusch - Jansen, which specializes in real estate law. As independent and neutral public officials, the notaries advise and support both Private individuals and companies with their legal concerns. The modern premises at Bierstadter Straße 16 provide the ideal setting for this.

Our Professionals as notaries (but also as lawyers) have many years of experience in assisting with and notarizing land and real estate transactions, in particular purchase, transfer and property development agreements. Through transparent communication and comprehensible explanation of all legal aspects, they contribute as notaries to the efficient completion of all transactions in accordance with the notarized process. Their notarial activities also extend to commercial and corporate law, family law and inheritance law.

FAQ on the notarization and processing of real estate transactions

Here you will find Frequently asked questions on notarial services in real estate law:

What expertise does our law firm offer in the field of real estate law?

We have a de facto focus on all notarial aspects of real estate law - from classic property purchase agreements and declarations of partition to complex developer agreements or portfolio transactions. Thanks to our many years of experience in notarial practice, we can provide you with swift and professional support in such important transactions.

How does the handling of a real estate transaction work in the law firm?

After the initial consultation, we draw up a draft contract and agree it with all parties to the contract. In doing so, we always have the interests of all parties in mind. This is followed by notarization in the presence of all parties, during which the scope of the contract is also explained (again). Notarial execution then covers the entire process - from entry in the land register to payment of the purchase price and transfer of ownership.

What does the notarization of a property cost?

The fees are set out in the German Court and Notary Fees Act (GNotKG) and are based on the transaction value (in the case of real estate transactions, the purchase price).

What distinguishes property development contracts from normal purchase contracts?

When purchasing a property from a developer, the buyer acquires a property that has yet to be built and for which the buyer does not (yet) own the land. The developer contract combines a purchase contract and a contract for work and services. As the developer, you enjoy special protection under statutory provisions, for example with regard to payment of the purchase price according to the progress of construction. The notary will advise you on any risks.

What role does the notary play in real estate and condominiums between private individuals?

As an independent and impartial advisor, the notary drafts and notarizes arrangements for the parties to the contract that take their wishes into account. As part of the notarization process, the ownership structure is checked and all objectives are taken into account. The notary also ensures coordination with the financing banks when creating the land charge.

What needs to be considered in the case of anticipated succession?

The notary's office provides comprehensive advice on the transfer of real estate as part of anticipated succession. The transfer agreement can regulate usufruct or residential rights, for example. Based on the individual requirements, agreements are then made and notarized.

How can a client best prepare for the notarization?

Bring a valid ID and all the necessary documents with you to the notarization. The notary will send you the draft contract in advance - read it through at your leisure and make a note of any unanswered questions about the possible arrangements. In the case of financing through a loan, clarify the land charge or mortgage immediately after the purchase contract.

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