You receive a letter from the notary: the deletion of your German Erwerbsvormerkung is to be prepared. At the same time it is still unclear whether all the prerequisites and proof of payment provided for this are in place. This matter must not be left mixed in with general messages about the purchase dispute. You need an immediate joint review of the announced action, the contractual basis and the actual documents.
The article does not decide on any withdrawal and does not set its own response or appeal deadline. A date mentioned in the letter belongs immediately in individual advice.
Assign the letter to the correct level of security
§ 883 Absatz 1 BGB describes the Vormerkung as securing a claim. It is not yet your entry of ownership. [SICHERUNG] Therefore first clarify which specific entry and which right are affected by the announced action.
Our editorial recommendation: Present the complete letter, the actual date of receipt, the purchase contract including amendments and the current land register status together. Note exactly what is to happen and which document is still required. An earlier entry notification does not answer the current deletion procedure.
Have the specific notarial instruction examined
The BGH explains in V ZB 28/20 the notary’s binding duty to the instructions contained in the purchase contract and their wording. [BGH] Therefore do not use a general internet list of which requirements would have to apply to every Vormerkung deletion. The specific wording must be explained.
Ask for the relevant clause and for which actually proven circumstances are meant to justify the intended action. A response of your own “I am against it” does not replace a targeted engagement with the announced step. Conversely, an assertion by one party will not be accepted as an already fully fulfilled prerequisite without examination.
Compare payments and requested proofs in full
In the BGH case the joint instruction required the bank proof of repayment of a partial purchase price. The deposit made instead did not satisfy this specific instruction. [BGH] The decision therefore does not declare every deposit generally invalid and does not prescribe the same proof for every purchase contract.
Collect your actual payments and refunds together with the associated receipts. Distinguish receipt of money, announced repayment and another alleged form of performance. Ask which of these details must be checked for the specific notarial instruction. A mere final balance may obscure precisely the individual still outstanding transaction.
Clarify appropriate legal protection in good time
§ 15 Absatz 2 BNotO governs the notarial complaint procedure. The BGH decision deals with an announced official act and distinguishes notarial examination from substantive issues of dispute, which in principle belong in a civil proceeding. [VERFAHREN] [BGH] Therefore have it explained which route can deal with your concrete concern.
The article does not claim that a simple complaint or message automatically stops the filing. Check with individual legal advice which action is required in your actual procedural status and how its receipt will be proven. Do not wait with this clarification until a later deletion notice arrives.
Fictitious case: a repayment is allocated to two original payments
A buyer has made two amounts from different own payment channels. When the planned cancellation takes place a repayment is confirmed; from the internal overview it is not, however, apparent which original payments are actually covered by it. At the same time the announcement of the Vormerkung deletion arrives.
He presents the individual receipts and the specific instruction together. The advice examines the deletion process and a possible dispute about further claims as separate appropriate tasks. The example promises neither that the Vormerkung may be retained until every alleged ancillary claim has been fulfilled, nor that a deletion can certainly be prevented. Its result is a timely handled concrete security matter.