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Buying Property in Germany: How Does It Work?

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How to begin the process of purchasing an apartment or a house in Germany? Who should pay commission to the realtor? How to sign a contract and make payments? And what additional costs are waiting for the buyer? Learn more about the rights and obligations of foreigners on Prian.info.

Step 1. Open a Bank Account and Check the Property

Opening a Bank Account

In Germany payments between the seller and the buyer of real estate are generally made via bank transfer. Other ways of transactions are barely used within the market. It doesn't matter whether you pay from a German or international account, both are equally permitted. No worries: foreigners do not have any obstacles to opening an account in a German bank. But keep in mind that buyers with non-transparent financial past can face some difficulties due to strict legislation policy against money laundering.

To open an account you have to be personally present for proof of identity and other formalities. The current method of "postal legitimation" allows German citizens to verify their identity to the bank in every postal office, but this rule does not apply to foreigners.

Check the demanded documents beforehand. Most often foreign clients are required to give their foreign passport, validated address and correctly field bank forms. Some banks also ask for a letter of recommendation, some demand a post address within Germany (in such case you can use the address of your real estate agent) and conversational level in German or English language. Occasionally, the client is required to provide an income certificate.

The bank is making a service contract after checking your documents and granted information. After finishing all these procedures you become a proud owner of a euro account. And finally can put money there.

Don’t forget to address your bank in order to check what documents and certificates you may need to prove the purpose of payments, if you prefer to pay from an already existing account.

Checking the Property

First thing every potential buyer should do is to see the ‘Grundbuch’ (land registry). You can do it yourself or with help of a private notary. The land registry has all information about current and previous owners, potential encumbrances and mortgages, etc.

Notice that buyers can take the burden of registered encumbrances and mortgages only if they give their consent. During the transfer of ownership debts and overdrafts must be erased from the land registry.

You as a buyer do not risk anything: payment is transferred to the seller’s or creditor’s account only after the bank permits to erase encumbrances (Löschungsbewilligung). The debt repayment can be made at the expense of the purchase price or it’s part. If that is not enough, then part of the repayment must be covered at the expense of the purchase price, and the rest of the debt must be finalized between the buyer and the bank.

Besides the land registry there are several other very important documents you should pay attention to, which are the housing statute (Teilungserklärung), minutes of owners’ meetings (Eigentümerversammlungsprotokolle), the economic plan (Wirtschaftsplan) and finally utility bills (Nebenkostenabrechnung).

The housing statute can tell you about parts of private and common ownership on the land and in the buildings as well as potential rules (elections of a supervisor, animal housing, etc.).

From minutes of owners’ meetings you can learn a lot of useful information about other owners in the household, repairment decisions, currently discussed issues, etc.

The economic plan and utility bills are here to show you sums of obligatory monthly payments. They are called ‘Hausdeld’ and ‘Wohngeld’. You can also check what exactly you have to pay for and whether you can optimize and lower the total amount.

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Step 2. Conclude a Contract

To sign a contract the buyer and the seller should meet at a notary office. Both parties don't have to be present at the office at the same time. The seller and the buyer or their representatives can seal the deal at different notaries in different places. The contract enters into force after both the seller and the buyer sign it. The only mandatory condition is to certify the agreement at the notary’s.

Take into account that a notary has to read the contract out loud and reply to any questions and concerns. After the reading and questioning both the seller and the notary sign documents and get verified copies.

You are not required by law to pay a deposit, but most brokers take an advance on their commission. Usually it is of either 1% of the cost for those German buyers who do not seek for translation and deal support or in the amount of the entire commission for foreigners.

Also read: The Rules of Buying Italian Property for Foreigners

Step 3. Make a Payment

There are two possible options for payments between the seller and the buyer:

  • a direct payment to the seller's account;
  • settlement via a notary's trust account (Notaranderkonto).

The first option in the most popular one. In this case, the payment is provided to the seller’s account after receiving a letter from the notary stating that every necessary prerequisite has been met (Preisfälligkeitsbescheinigung).

The possible prerequisites are pre-registration of property rights in favor of the buyer (Auflassungvormerkung), obtaining a certificate from the bank for permission to erase encumbrances (Löschungsbewilligung), if any of them are still present, obtaining permission from a household supervisor for sale and purchase (Verwalterzustimmung).

Payments via a notary's trust account are only used when both parties wish to transfer ownership as quickly as possible. A trust account is opened by a notary specifically for this transaction after signing the contract of sale, where the buyer pays the purchase price within a particular period of time (usually 2-4 weeks). The buyer gets keys and the right to move into the property after proceeding the payment. 

Only the notary has access to a trust account and pays the purchase price to the seller's account after completing all necessary prerequisites for a payment.

Property in Germany
Foreigners do not have any obstacles to opening an account in a German bank.

Step 4. Registrate as the New Owner

The notary sends an application to the land court (Grundbuchamt) for pre-registration of the buyer as the new owner immediately after signing the contract of sale. After this the payment is transferred to the seller's account by the buyer directly or via a notary’s trust account.

When the seller receives money and pays real estate taxes, the notary sends an application to the land court for final registration and deleting of the preliminary one. All data is stored in the electronic cadastre (the land register), from which the owner can request an extract at any time.

Usually the contract specifies the date of "economic transfer of ownership" from which the buyer takes over all rights and obligations related to the ownership of real estate: accommodation, renting, utilities, etc. The economic transfer of ownership rights is often appointed on the 1st day of the month following the final transaction or the next day after. It is done for the sake of convenience of calculations.

The whole procedure from signing the contract and registry of a new owner to the final registration of property rights in the land registry takes from 2 to 4 months on average. It can take even longer, if property is sold by a bank, an insolvency administrator, a guardianship court, with the involvement of a mortgage loan, etc.

Can I seal the deal remotely?

Yes, you can. You must issue a power of attorney for your representative for remote purchase of real estate. The power of attorney must be notarized and contain an apostille.

 

Quoting conditions of Prian.info materials

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