The notary's role should be understood independently of who proposed it
§14 BNotO obliges the notary's office to attend to the parties in an independent and impartial manner and not to represent one party. §17 BeurkG describes, among other things, clarification of intent and facts as well as instruction on the legal consequences of the transaction. [ROLLE] [KLAERUNG]
These statutory duties are the starting point for your preparation. They do not prove that a specific conduct of the office is error-free, nor do they make the notary's office a unilateral representative of your interests. The article does not decide any dispute about the choice of notary or fees.
Openly communicate your own goals and outstanding questions
Our editorial recommendation: Before the notarisation, describe which property and what extent you intend to acquire, which conditions are essential and which points remain unclear to you. In particular, ask about deviations between the draft and the status discussed so far.
You do not have to replace uncertainty with tacit consent. Request a comprehensible explanation of the specific clause and its effect. A generally provided information sheet can be helpful, but it is not automatically the answer to a particular point in your transaction.
Hypothetical case: impartiality is understood as a price recommendation
A buyer receives a well-explained draft contract. He concludes from this that the notary's office also confirms the reasonable property price, the technical condition and the personal affordability of his financing. However, he has not arranged a suitable separate review mandate on these matters.
He therefore organises his open points according to the actual technical question and asks which task is to be undertaken at which point. The example does not deny a specific notarial duty. It shows that the legal attendance of the notarisation should not automatically be understood as an overall expert report on every motive for purchase.
Specify unilateral advisory services additionally where needed
If you require your own assessment of interests or special tax, financing or technical advice, expressly clarify the engagement for these. The article does not state that every buyer must necessarily commission a fixed team. What matters is that an issue that is important and unresolved for you is actually examined by the appropriate party.
Bring new findings together with the contract status. If, for example, a substantial scope of services is changed, the current version must be explained. A clause understood earlier is not confirmation of every later amendment.
Attend the appointment with a clear idea of roles
You should know which legal questions you have submitted to the notary's office and which further checks are still missing. Sufficient preparation requires actual understanding, not merely an appointment entered in the calendar. Statutory deadlines and preparatory requirements must be assessed according to the specific constellation.
This allows you to address the proposed notary's office objectively and to base your own purchase decision on clearly assigned tasks. The name of the proposing party neither replaces mistrust with evidence nor your own open questions with a blanket expectation of security.