First clarify the actual roles
§ 310 Absatz 3 BGB calls contracts between an entrepreneur and a consumer consumer contracts. [BGB-310] Whether the parties in the specific transaction have these roles is not decided solely by the heading “privater Verkauf” or a company name. Inform the notary of the actual facts and have the applicable framework explained.
This article concerns the preparation of such a German real estate transaction. It does not establish a general two‑week period for every sale between two private individuals and does not assess any particular buying company.
Assign the intended text correctly
§ 17 Absatz 2a BeurkG requires that sufficient prior familiarisation be promoted in consumer contracts. For the notarially required transactions referred to there, the intended text is to be provided by the notarising notary or a notary associated for the purpose of joint professional practice. This should as a rule be done two weeks beforehand; if this period is not met the reasons should be recorded in the minutes. [BEURKG-17]
The specific classification, any shortening and the consequences of a breach are not finally examined here. You should not organisationally equate a file from any source simply with the decisive notarial draft version.
Use the time for concrete questions
Our editorial recommendation: First read together object of sale, services, payment and intended handover. Mark where your understanding differs from the wording. Do not record open facts as settled just because the clause sounds familiar.
Then submit bundled questions to the notary. Which statement describes a fact that is already settled? Which obligation are you to assume? Which proof is still required? This article does not replace that explanation with its own clause interpretations.
An invented draft with changed scope of services
A seller expects to deliver the house in its current condition. In the draft he finds a specifically described additional clearance service that was meant differently in his previous discussions. He does not just privately strike out a word in his copy, but communicates the actual need for clarification.
The revised version is clearly assigned again. What effect a material change has on the preparation of the notarisation appointment is clarified by the seller with the notary. This article does not claim a general rule about every extent of amendment.
Do not confirm successful review with open questions
Finally note which answers you have understood and which points remain open. A full diary or the opposing party’s travel does not answer any substantive question about the intended transaction. Identify uncertainties in good time so that the appointment can be appropriately prepared.
The preparation period is not merely a waiting field. It enables you to align the actual transaction with your own expectations and to use the legal explanation purposefully before you give your declaration.