Buyer’s Guide To Purchasing German Properties
This Lot is a property situated in Germany. As such, upon the fall of the hammer, the
winning bidder(s) are deemed to have read the special conditions of sale and
immediately agree to enter into a German property contract known as a deed of
purchase.

The deed of purchase is presented in both German and English. It has been prepared by a
German notary. (Referred to as notar. in the special conditions. Full contact details are at the bottom of this page) The notar is not the seller’s solicitor but rather a neutral, licensed official that has been requested to prepare the deed of purchase by the seller.

Each deed of purchase has been prepared individually for each lot and contains a current copy of the information of the property held at the German land registry.

Power of Attorney
German law requires that the buyer and seller, or their legal representatives, must attend
the German notary to sign the deed of purchase. To facilitate a smooth and speedy
transaction, the special conditions require that the buyer must sign a power of attorney,
authorising a named, independent, German solicitor to sign the deed of purchase on their
behalf. For the power of attorney to be valid in Germany, it must be notarised and legalised by a notary public in the UK. The seller’s agent can provide a list of notary publics in Greater London. If London is not convenient to the buyer then the seller is happy for the buyer to select any notary public.

The buyer will have to formally notify the seller’s agent, (Details available from auctioneer), which notary public they choose to sign before. The full name, address and telephone details of the notary public chosen will have to be submitted before the above deadline. The seller’s agent will immediately dispatch the sale memorandum with power of attorney authorisation, to the chosen notary Public by special delivery. The buyer must
make an appointment with the notary public and sign the power of attorney agreement,
with sufficient identification. (A passport and utility bill.) The notary public will be instructed to send the legalized document to the German notar for completion.

Completion
When the German notar has received all of the payments and legal documents then he
can set a date for the signing of the deed of purchase. After the signing the notar will
make a priority notice application to the land registry called an .Auflassungsvormerkung.,
to register the legal interest of the buyer until their name can be inserted into the land
registry. Upon registration of the Auflassungsvormerkung, the legal rights of the buyer
are assured and the property can be handed over as can the purchase funds to the seller. The sellers agent will provide to the buyer, detailed accounts of all of the legal fees, taxes and disbursements. All overpayment from the pre-paid 10% will be refunded to the buyer.

Notar:
HEIDEMANN & DR.NAST
KURFÜRSTENDAMM 188 * D-10707 BERLIN
TEL:+49 (30) 884 49 9-0,
FAX: +49 (30) 882 54 35,
Email: patrickheidemann@heidemann-drnast.de
www.heidemann-drnast.de


* Disclaimer: This general information guide does not form part of the auction contract or the German purchase deed. It is intended as a brief guide to the German conveyancing process. No warranties are given or representations made as to its accuracy. The successful bidder is advised to obtain their own independent legal advice, particularly in relation to all aspects of the German conveyancing process.

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