ᐅ Review of Detailed Drawings Before Signing the House Purchase Contract
Created on: 31 Jul 2015 16:21
C
catty2203
Hello,
we are considering buying an end-terrace house from Werner Wohnbau. Unfortunately, we are not allowed to see any details before signing the contract. For example, verbally, Werner Wohnbau told us that the design includes a green sloped roof. However, there does not seem to be a planting plan for this, and the documents submitted to the notary only contain a general building description that does not mention the green roof at all. Additionally, the standard fittings are quite basic (the planned home office has only one power outlet), and apparently, the complete list of optional features with prices is only provided after the contract is signed.
So my question is: Is it normal to buy a “pig in a poke” like this? I am really unsure whether all developers are this non-transparent.
Thank you very much for your advice!
Best regards
catty2203
we are considering buying an end-terrace house from Werner Wohnbau. Unfortunately, we are not allowed to see any details before signing the contract. For example, verbally, Werner Wohnbau told us that the design includes a green sloped roof. However, there does not seem to be a planting plan for this, and the documents submitted to the notary only contain a general building description that does not mention the green roof at all. Additionally, the standard fittings are quite basic (the planned home office has only one power outlet), and apparently, the complete list of optional features with prices is only provided after the contract is signed.
So my question is: Is it normal to buy a “pig in a poke” like this? I am really unsure whether all developers are this non-transparent.
Thank you very much for your advice!
Best regards
catty2203
Bauexperte schrieb:
The notary is obligated to both parties. This excludes any possibility of one party taking advantage of the other. Theoretically, yes.
What was that again about the Berlin "midnight notaries"?
But I really can’t understand that there are no contract details provided beforehand, which you are supposed to sign – damn seller’s market...
Bauexperte schrieb:
In the end, it doesn’t matter which notary verifies the identities; that’s all there is to it.That is completely wrong. The notary reads the purchase contract aloud during the notarization and, if done correctly, points out any imbalances. The notary ensures that the parties understand the content and answers all legal questions related to the wording. This distinguishes notarization from certification, which only verifies identities.
catty2203 schrieb:
I’m just surprised that the purchase contract is with a notary who is really not nearby.Notaries and sellers often are “connected,” especially when a large plot is being subdivided and the entire process is handled by a single notary because the seller prefers it that way. Basically, it doesn’t matter which notary manages the process.
BauPaar schrieb:
But I can’t understand that there are no contract details at all beforehand that you are supposed to sign – damn seller’s market…And that brings us full circle. That’s how a market economy works. If a seller can find many buyers, they will prefer the one who offers the highest possible price. But that also means dealing with the complexity of the buyer. Teachers, lawyers, and other “types” sometimes have a harder time because they simply ask too many (good) (and bad) questions. During the course of the construction, they tend to be more demanding than those who remain silent about everything or are satisfied with very superficial answers.
For me, the rule is: I don’t sign anything I don’t understand or can’t fully grasp the consequences of. If the seller won’t be more precise and clear, there will be no contract with me. I also always emphasize that I share this fact openly, both verbally and in writing, with those who want to know—and even those who don’t.
If the seller is on a path to cheat or take advantage, they should think carefully during the discussions. The worst-case scenario is: no contract and yet spreading negative stories everywhere.
Buyers also have a strong argument: money and transactional security. That means one more property is sold, and previous negotiations were not just expenses.
Don’t be intimidated. Negotiate fairly and completely. If you have a bad feeling, don’t sign the contract; look elsewhere.
B
Bauexperte1 Aug 2015 08:23Voki1 schrieb:
That is completely wrong. The notary reads the purchase agreement aloud during the notarization and, if done properly, points out any imbalances. They ensure that both parties understand the content and answer all legal questions related to the wording. This is what distinguishes notarization from certification, where only the personal details are confirmed.I wrote something similar—though shorter:Furthermore, the notary is obligated to both parties. This prevents any abuse of one party.
A small additional note: if the notary only explains the contract contents during the signing appointment, the signature is unlikely to happen; there simply isn’t enough time. Therefore, the 14-day period during which the buyer can review the draft beforehand should truly be used to clarify the wording. The notary is also available for this.
Best regards, Bauexperte
B
Bieber081512 Aug 2015 23:17Bauexperte schrieb:
The notary is also obligated to both parties. An exploitation is therefore excluded. It should be clearly stated here once again that exploitation of one party can, of course, also occur with a notarized contract!
However, if all details are not clear before signing, in my opinion, the question does not even arise. Because then, the contract should not be signed. There are also reputable builders/developers/sellers. Otherwise, the contract presented should be reviewed before signing by a professional that you have hired and paid yourself (if you don’t know anyone…).
B
Bauexperte13 Aug 2015 23:27Good evening,
And if a notary once has a moment of weakness – I can imagine that only financial incentives could cause this – then it should be relatively easy to prove. Moreover, that notary would probably have the shortest career in this profession … is it really worth it?
"I. Maintaining the independence and impartiality of the notary
1.1. The notary is an impartial legal advisor and guardian for all parties involved.
1.2. The notary must also maintain impartiality when advising and preparing drafts or expert opinions upon a unilateral request. The same applies to the legally permitted representation of a party in proceedings, especially in land registry matters, inheritance certificate procedures, property transfer tax, inheritance and gift tax matters, as well as approval procedures before authorities and courts.
Regards, Bauexperte
Bieber0815 schrieb:No!
nevertheless, it should be made absolutely clear that taking advantage of one party can of course also happen with a notarized contract!
And if a notary once has a moment of weakness – I can imagine that only financial incentives could cause this – then it should be relatively easy to prove. Moreover, that notary would probably have the shortest career in this profession … is it really worth it?
"I. Maintaining the independence and impartiality of the notary
1.1. The notary is an impartial legal advisor and guardian for all parties involved.
1.2. The notary must also maintain impartiality when advising and preparing drafts or expert opinions upon a unilateral request. The same applies to the legally permitted representation of a party in proceedings, especially in land registry matters, inheritance certificate procedures, property transfer tax, inheritance and gift tax matters, as well as approval procedures before authorities and courts.
Regards, Bauexperte
Liege Bauexperte, you are misunderstanding this.
Of course, unfavorable contracts can be agreed upon before any notary. The notary is not a party to the contract, so they are not a party to the visibly disadvantaged side either. However, their role is to point out such unfavorable situations and make the disadvantages clear. If the contract is still to be signed despite this, the notary will proceed with its execution.
Their duty therefore includes providing legal advice to the parties involved in the notarization. This includes answering legal questions, especially concerning the legal consequences of the contract to be concluded.
It is definitely possible to enter into a contract that is unfavorable to oneself, and this happens every day. Mainly when the buyers have a strong desire to purchase and are not receptive to well-meaning advice. Also when there is uncertainty in the negotiation process (which is usually the case) and ordinary people no longer dare to ask questions during the notarization appointment, let alone refuse to sign.
For this reason, the notary must allow the parties two weeks to review the contract. This period is intended to give inexperienced parties the opportunity to follow up with questions before the appointment and prevent them from being pressured into signing if the draft contains significant disadvantages.
It’s actually quite simple.
Of course, unfavorable contracts can be agreed upon before any notary. The notary is not a party to the contract, so they are not a party to the visibly disadvantaged side either. However, their role is to point out such unfavorable situations and make the disadvantages clear. If the contract is still to be signed despite this, the notary will proceed with its execution.
Their duty therefore includes providing legal advice to the parties involved in the notarization. This includes answering legal questions, especially concerning the legal consequences of the contract to be concluded.
It is definitely possible to enter into a contract that is unfavorable to oneself, and this happens every day. Mainly when the buyers have a strong desire to purchase and are not receptive to well-meaning advice. Also when there is uncertainty in the negotiation process (which is usually the case) and ordinary people no longer dare to ask questions during the notarization appointment, let alone refuse to sign.
For this reason, the notary must allow the parties two weeks to review the contract. This period is intended to give inexperienced parties the opportunity to follow up with questions before the appointment and prevent them from being pressured into signing if the draft contains significant disadvantages.
It’s actually quite simple.