Buying in Germany – General Information
Within the European Union the purchase of real estate is not covered with European laws. However every E.U. citizen can acquire property in every E.U. country.
The E.U. treaty, however, leafs the conditions for acquiring property to the legal system of the various E.U. member countries. This is the fact for all rights and obligations as well for the purchasing as the selling of property.
E.U. citizens can, without any allowance, acquire in Germany real estate or other property. For legal entities (companies) is another ruling in place and is an allowance required before one can acquire land property.
With the purchase of real estate the rules of the country in which where the real estate is are applied (in this case Germany).
Are you purchasing real estate in Germany from a German owner, then the German legal conditions are applicable.
A purchase contract in Germany has only legal validity when it is approved by a notary public. A preliminary purchase contract, as known in the Netherlands, is in Germany most of the time not binding.
Businesses such as a purchase contract, a mortgage registration or a right of sale must be approved by a notary public before they have any legal validity.
Verbal, written or witnessed agreements have in Germany no legal validity or value.