Apartment sale purchase contract: What to watch out for? – Content, notary & documents
Selling an apartment — The notarial purchase agreement is the legal cornerstone of every apartment sale. Without it, nothing goes in Germany: § 311b BGB mandates the notarial certification for real estate purchase agreements. What is included in the contract, what documents you as a seller of a condominium must have ready, what the notary actually checks (and what not), how high the costs will be, and which clauses determine success or costly disputes — you will learn all of this here in a compact form with concrete figures.
Why the purchase agreement is so central when selling a condominium
When it comes to selling a condominium, the purchase agreement is more than just a formality. It is the only basis on which ownership of the plot or apartment ownership can be effectively transferred. A verbal agreement — no matter how detailed — is legally invalid. Only the notarial certification creates an effective obligation for both parties.
Legal binding under § 311b BGB
Any agreement that is not included in the notarized contract is not enforceable. A seller who gives a verbal assurance (“The built-in kitchen stays”) but does not include it in the contract cannot later insist on it — and vice versa. Everything essential must be included in the document.
Protecting both parties through a pre-emption notice
Typically, between signing the contract and the property being registered in the land register, 4–8 weeks pass. During this time, the pre-emption notice protects the buyer from the seller selling or encumbering the apartment a second time.
A precisely worded contract eliminates room for interpretation: When does the handover take place? Which defects are known? Who is liable for damages between the notarization and handover? Each of these questions can cause five-figure costs in the event of a dispute.
Content of the purchase contract: These clauses belong in it
The purchase contract for a condominium follows a clear structure. The notary provides a standard draft — but you should not sign it without review, instead understanding each clause.
Mandatory information in every apartment purchase contract
- Complete data of seller and buyer (including date of birth)
- Exact description of the property ownership (land register page, co-ownership share, exclusive ownership)
- Purchase price and payment terms (notary escrow account or direct payment)
- Conditions for readiness for handover (see below)
- Handover date and transfer of burdens (benefits, burdens, risk)
- Declaration of release
- Approval of the preliminary notice of release
- Exclusion of warranty and liability for defects
- Cost distribution (notary, land register, land transfer tax)
WEG-specific content for condominiums
If you buy a condominium, you will automatically become part of the condominium owners’ association. This must be reflected in the contract:
- Reference to the division declaration
- Description of the exclusive ownership (apartment, possibly basement, parking space)
- Existing special usage rights (garden, terrace, parking space)
- Transition from housing fees and maintenance reserve fund
- Access to the last WEG protocols
- Taking over decided but not yet implemented renovation measures
Special case: rented condominium
When purchasing a rented apartment, the buyer automatically enters into the existing lease agreement under the law (“purchase does not terminate rent”, § 566 BGB). Therefore, the contract must additionally regulate:
- Handover of all rental agreements including appendices
- Transfer of the security deposit (with bank statement)
- Pro-rata rent in the handover month
- Outstanding additional costs statements
- Confirmation that no termination has been issued
Maturity and payment of the purchase price: How it works correctly
One of the biggest points of contention in practice: When must the buyer pay? Answer: Only when the notary sends the “maturity notice” — and for this several conditions must be met.
These conditions must be present
- Notice of preliminary registration in the land register entered
- All liabilities in Section III are deleted or deletable (security releases from the seller’s financing bank are available)
- Possible required approval from the property manager (often required in WEG)
- Negative certificate from the municipality regarding the right of first refusal
Notary escrow account vs. Direct payment
In most cases, the buyer pays directly into the seller’s account — faster, cheaper and standard practice. An escrow account with a notary (trust management by the notary) is only sensible in complex situations, such as in the case of interim financing or if liabilities can only be deleted after payment. It costs an additional approximately 1‰ of the purchase price.
Sample purchase agreement for House & Apartment
What does a purchase contract look like? What is included? Free template (from immobilien-erfahrung.de, where topics such as real estate entry, capital investments, and more are thoroughly covered):
- Purchase Contract Template & Sample — external
Additional Documents & Papers for the Sale
As a seller of a condominium, you should have all relevant documents completely ready before the notary appointment. Missing documents can delay the sale by weeks — and in the worst case, the buyer may back out.
The declaration of shares is the legal DNA of every condominium. It defines what is exclusive ownership (your apartment) and what is common ownership. Pay special attention to special usage rights for parking spaces, garden areas, or basement rooms — if an entry is missing, the area belongs to everyone.
Annual accounts of the last three years
Buyers want to see how the housing fees and special levies have developed. Rising trends or frequent special levies are warning signs of maintenance backlog.
Housing fees: ongoing monthly costs
The housing fee is the monthly prepayment to the homeowners’ association for management, administration, and maintenance reserve. Typical amount: 3–4.50 €/m² living space. For an 80 m² apartment, this is approximately 240–360 € monthly.
Maintenance reserve: the homeowners’ association’s renovation reserve
Die Instandhaltungsrücklage sollte als Faustregel mindestens 7–15 €/m² Wohnfläche pro Jahr betragen. Eine ältere Anlage mit 0,50 €/m² Rücklage signalisiert: Hier kommen Sonderumlagen. Käufer prüfen das genau — Verkäufer sollten ehrlich antworten.
Decisions of the condominium meetings
Übergeben Sie sämtliche Versammlungsprotokolle der letzten 3–5 Jahre. Bereits gefasste, aber noch nicht umgesetzte Beschlüsse (z. B. Dachsanierung, Aufzugsmodernisierung) gehen auf den Käufer über und müssen offengelegt werden.
Community rules: Rules of the WEG
Hier stehen Detailregelungen: Stimmrecht, Kostenverteilung, Vermietungsbeschränkungen (zunehmend Verbote für Kurzzeitvermietung wie Airbnb), Tierhaltung, Umbaubeschränkungen.
Further required documents for the notary appointment
- Current land register extract (not older than 3 months)
- Energieausweis (Pflicht seit 2014)
- Current construction plans and building description
- Calculation of living space
- When renting: all rental agreements
- Brandschutznachweise (falls modernisiert)
Notary fees and purchase additional costs: Example calculation
The purchase additional costs when selling an apartment quickly add up to 10–15% of the purchase price. The notary himself is the smallest item — the land transfer tax has the biggest impact.
How the additional costs add up
- Notary fees: approx. 1.2–1.5% of the purchase price
- Land register fees: approx. 0.3–0.5% of the purchase price
- Land transfer tax: 3.5–6.5% (depending on federal state)
- Real estate agent commission: since the reform split between buyer and seller
Example calculation: Condominium 500,000 €
| Cost Item | Percentage | Amount | Borne By |
|---|---|---|---|
| Notary (Certification + Execution) | ~1.5% | 7,500 € | Buyer |
| Land Registry Entry | ~0.5% | 2,500 € | Buyer |
| Land Transfer Tax NRW (6.5%) | 6.5% | 32,500 € | Buyer |
| Real Estate Agent Commission (3.57% including VAT, split) | 3.57% | 17,850 € | each 8,925 € |
| Total Buyer | ~11.4% | ~51,425 € | — |
The land transfer tax varies significantly: Bavaria and Saxony are at 3.5%, while NRW, Brandenburg, and Schleswig-Holstein are at 6.5%. For a 500,000 € apartment, this is a difference of 15,000 €.
Warranty in apartment sales: “As seen, so bought”
The standard clause “Sale is made without any warranty” appears in almost every purchase contract — and protects the seller from claims due to defects. However: The exclusion does not apply to deliberately concealed defects.
What sellers must disclose
- Known moisture damage, mold, water damage
- Structural issues, cracks in the masonry
- Planned renovation decisions by the WEG
- Disputes with neighbors or the WEG
- Distressing legacy issues or suspected asbestos
- Pending court proceedings
Anyone who conceals a known defect is personally liable, even if the warranty exclusion applies — often years later. In doubt: disclose in writing.
Process from draft contract to handover of keys
Anyone who knows the timeline can avoid stress and realistically plan for connection financing, moving, or follow-up investments.
