Having a property purchase contract reviewed — what should I look out for?
The notary explains the purchase contract but does not check that it protects your interests. What to look out for before notarisation, and why a lawyer's review is worthwhile.
You’re holding the draft notarial purchase contract, notarisation is only a few days away — and an uneasy feeling remains. Rightly so: the notary advises neutrally at notarisation and explains the text to you, but does not check whether the contract protects your interests as buyer or seller against the other side. That’s precisely the gap I fill, by reading your draft contract before you sign.
How I can help you
- Reviewing the draft contract before notarisation
- Assessing exclusions of warranty and their limits
- Checking the provisions on the release of encumbrances and ranking in the land register
- Checking the conditions for the purchase price becoming due
- A clear explanation of where renegotiation is needed
The typical risks in the purchase contract
A contract for the sale of land must be notarised (§ 311b(1) BGB) — this protects against rash decisions, but not against contract terms that are unfavourable to you. Three issues cause most of the problems in practice:
Exclusion of warranty: In property sales between private individuals, excluding liability for defects is common and generally permissible. However, it is not unlimited — if the seller fraudulently conceals a defect or has given a guarantee for particular characteristics of the property, they cannot rely on the exclusion (§ 444 BGB). I check how the exclusion is worded and whether statements in the contract are to be treated as a guarantee.
Release of encumbrances and land register ranking: Existing land charges or other encumbrances must be discharged either before, or concurrently with, payment of the purchase price. If the ranking in the land register or the order of discharge is imprecisely regulated, you bear the risk, in case of doubt, that a third party’s encumbrance remains in place.
Due date for the purchase price: The purchase price should only fall due once certain protections are in place — for example, the registration of a priority notice (Vormerkung) in your favour and the initiation of the release of encumbrances. If there is no clean provision on the due date, you may end up paying before your own legal position is secured.
Being upfront about costs
Unlike in a tenancy dispute, legal expenses insurance usually does not cover the review of a purchase contract — it is precautionary advice, not a legal dispute. I tell you this openly rather than keeping it quiet. Measured against the value of a property purchase, however, the review is still a deliberate investment that experience shows pays off: an overlooked defect in the warranty exclusion or an unsecured due date for the purchase price can, in case of doubt, cost many times the price of the review. More on this topic on the Real Estate Law page.
Send me the draft before you sign at the notary’s office — after that, it’s too late for renegotiation.
This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-07-04.
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