The clause has its own function
§ 794 Absatz 1 Nummer 5 ZPO names notarial deeds with submission (Unterwerfung) in respect of a specified claim as enforcement titles under statutory conditions. [TITEL] The clause should therefore not be overlooked as a mere repetition of the purchase price.
Please ask the notary to explain the notary office, the specified claim, the obliged person and the intended effect in your specific deed. This article does not create an enforceable copy and does not assess whether a particular clause is effective in an individual case or whether a specific enforcement is permissible.
Keep purchase price and financing separate
Different obligations may occur in the acquisition. The seller’s purchase price claim and obligations arising from financing do not have the same scope solely because they concern the same property purchase. Submit the respective drafts in full for explanation.
Our editorial recommendation: Note next to each submission the named claim and the deed in which it appears. This is intended to make your questions to the notary easier, not to define your own limits of liability. An isolated sum from a mortgage document should not, without examination, serve as a complete statement of your personal obligation.
Hypothetical case: A clause is confused with an early payment obligation
A buyer reads the word sofortig and believes he must transfer the purchase price immediately after signing. Another party, however, thinks the clause has no relevance until a later legal dispute. Both assumptions remain unverified.
The buyer therefore has clarified how due date, required evidence and the handling of an enforceable copy relate to each other in the specific deed. The example does not establish a general procedural rule for every clause issuance. It shows which terms must be understood together.
Prepare for the legal effect before a conflict exists
Mark unclear references and conditions in the draft. Ask the questions before notarisation so that the full context can be explained to you. A private marginal note on your copy does not alter the notarised obligation.
If a specific enforcement notice or other claim already exists, obtain individual legal advice immediately on the actual facts and any possible deadlines. The article is not a basis for unilaterally withholding, acknowledging or disputing amounts.
Your preparation result should read: You know the secured claim and understand the explained effect of the clause in the entire process. This turns an alarming standard formulation into a concrete obligation that you can consciously assess before signing.