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Preliminary sale agreement checklist for Germany

Checklist for reviewing the notary's draft purchase contractPrüfliste zum Entwurf des notariellen Kaufvertrags (Kaufvertragsentwurf)

Germany has no private preliminary sale contract. Every agreement that obliges a party to buy or sell land must be recorded by a notary. This checklist helps a buyer review the notary's draft contract (Kaufvertragsentwurf) before the signing appointment.

Use it when the notary sends you the draft purchase contract. Go through each point, write down your questions, and send changes to the notary before the appointment. Use it also when an agent or seller asks you to sign a reservation agreement, a pre-contract or any other document before the notary: if it obliges you, directly or through a fee, to buy, it is void without a notarial deed.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Whole country
Form
Notarial deed for any contract that obliges a party to buy or sell land (BGB § 311b(1)).
Contract without a deed
Void, unless the transfer is later registered.
Time to review the draft
Two weeks when the seller is a business and the buyer a consumer (BeurkG § 17(2a)). No fixed period between private persons.
When the price is due
After the notary's notice: priority notice registered, release of charges secured, approvals in, municipal pre-emption waived.
Municipal pre-emption
The municipality can exercise it within 3 months after it receives the contract (BauGB § 28(2)).
Seller's liability
An exclusion of liability for defects does not protect a seller who concealed a defect fraudulently or gave a guarantee (BGB § 444).
Let property
The buyer takes over existing leases with all rights and duties (BGB § 566(1)).
Costs
By default the buyer pays the notary, registration and land transfer tax of 3.5% to 6.5% (BGB § 448(2); GrEStG § 11, Land rates).
Tax liability
The tax office can still claim the land transfer tax from buyer or seller (GrEStG § 13).
Pre-contract or reservation
Needs a notarial deed when it puts indirect pressure on the buyer to buy.
Reservation fee
A non-refundable reservation fee in an agent's standard terms is invalid (BGH, I ZR 113/22).

The checklist

Before the draft arrives

Parties and property

  • Check that every registered owner is a sellerEigentümer laut Grundbuch, Abteilung I

    Only the owners named in the land register can sell. Co-owners, heirs and spouses who own a share must all sign or be represented.

  • Compare the property description with the land register and the cadastral mapBestandsverzeichnis, Flurstück, Liegenschaftskarte

    The deed identifies the property by land register sheet and parcel. Check that garages, gardens and paths you saw are on the parcels sold.

  • For a flat: check the unit, the co-ownership share and any exclusive use rightsSondereigentum, Miteigentumsanteil, Sondernutzungsrecht, Teilungserklärung

    Parking spaces, cellars and gardens are often separate units or exclusive use rights. They are sold only if the deed names them.

  • Check the encumbrances that the buyer takes overAbteilung II (Lasten und Beschränkungen)

    Rights of way, residential rights and usufructs stay on the property. The draft must list each one you accept.

Price, payment and security

  • Check the price, the share for movable items and the payment dateKaufpreis, Inventar, Fälligkeit

    The price in the deed must be the real price. Movable items sold with the property should be listed with their value.

  • Check the due-date conditionsFälligkeitsvoraussetzungen, Fälligkeitsmitteilung

    The price should fall due only after the priority notice, the secured release of charges, the approvals and the pre-emption waiver.

  • Check the priority notice in your favourAuflassungsvormerkung (Eigentumsvormerkung)

    It reserves the property for you in the land register, so the seller cannot sell or charge it to someone else before you are registered.

  • Check that the deed says how the seller's mortgages are clearedLastenfreistellung, Löschungsbewilligung

    Part of the price may go to the seller's bank to clear its land charge. You should get the property free of charges you did not accept.

  • Check the authority to charge the property for your loanBelastungsvollmacht, Finanzierungsgrundschuld

    Your bank needs a land charge before you own the property. The seller authorises it in the deed, limited to securing the price.

  • Check the clause submitting you to immediate enforcementZwangsvollstreckungsunterwerfung

    Deeds usually let the seller enforce the price without a court case. Limit it to the price and to the time after the due-date notice.

  • Question an escrow accountNotaranderkonto

    Payment usually goes directly to the seller after the due-date notice. An escrow account costs extra fees and is for special cases.

Condition, defects and handover

Flats in a condominium

Costs and taxes

Formalities

A private template would be void. BGB § 311b(1) requires a notarial deed for any contract that obliges a party to transfer or acquire land. Without it the contract is void (BGB § 125).

  1. The binding contract is the notarial deed. The notary reads it aloud in full to both parties and explains it.
  2. Both parties and the notary sign the deed. A party who cannot attend can be represented.
  3. Business seller and consumer buyer: the notary should make sure the buyer appears in person or through a person of trust.
  4. The notary should also send that buyer the intended text two weeks before the appointment, and record the reason if this period is shortened.
  5. In a sale between private persons these rules do not apply, so ask for the draft early.
  6. Every side agreement that is part of the deal must be in the deed.
  7. After signing, the notary applies for the priority notice, obtains the waivers and approvals, and tells the buyer when the price is due.

Common mistakes

  • Signing a paid reservation or private pre-contract. It is void without a deed if it pressures you to buy. You may need a court to recover the fee.
  • Paying any part of the price before the due-date notice. Without the priority notice, the seller could still sell or charge the property to someone else.
  • Side deals outside the deed, such as a lower price on paper with cash for furniture, or a promised repair. A deal left out can make the whole contract void.
  • Accepting the standard exclusion of liability for defects without a survey. Check the building before you sign and have known defects written into the deed.
  • Signing before the loan is approved. The usual contract has no loan condition, and you owe the price even if the bank refuses. Get the binding loan offer first.
  • Ignoring a sitting tenant. You take over the lease as it stands, with deposit and notice protection. A tenant in a converted flat may have a pre-emption right.
  • Arriving at the appointment without having read the draft. Changes are easy before signing and expensive after.

Legal basis

Sources

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