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Dr. Wiengarten Rechtsanwälte und Notar    Wolbecker Windmühle 15a    48167 Münster   
T: +49 2506 821 - 0    Fax: -144

What costs accrue to me?

Notary's fees are laid down uniformly nationwide in the German Regulation on Court Fees [Kostenordnung]. Their level is based exclusively on the value of the transaction.

The transaction value is calculated generally according to the fair value (economic value), not according to the possibly lower tax valuation basis. For example, if a property is sold at a purchase price of EUR 300,000.00, the purchase price is the transaction value. The notary is prohibited by law from charging higher or lower fees than provided for in the German Regulation on Court Fees. Statutory determination of the fees is necessary because the notary may not refuse his/her services and above all may not make them dependent on economic considerations. If the notary's fees were freely negotiable, the costs for authentications would increase considerably from a low value, whereas the purchase of a luxury property for example would be relatively favoured by the already degressive fee scale. That would be contrary to the social justice requirement of the notarial constitution. On conclusion of a contract, the parties must reach an agreement on who has to bear the fees. Should that party to the contract not pay, the notary must collect the outstanding fees from the other parties.

The specified fees include other expenses of the notary, e.g. for copies, telephone and postage as well as the statutory value-added tax.

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