The purchase contract has been notarised, but keys and the property have not yet been handed over. Then the buyer learns that the sole seller has died. A relative gets in touch and wishes to arrange a new handover appointment and provide a different bank account. In the hypothetical German case, grief, ongoing contracts and a planned move now coincide. Precisely for that reason a new, orderly factual status is required.
This article contains editorial steps for the buyer’s side. It does not determine specific heirs or the validity of individual powers of attorney and does not replace an inheritance law or notarial individual-case assessment.
Do not confuse death with an automatic termination of the contract
Section 1922 BGB provides for universal succession in the event of inheritance. Section 1967 deals with liability for estate debts including debts originating from the testator. [NACHFOLGE] [VERBINDLICHKEIT] The purchase already concluded is therefore not treated as if the parties had never entered into a contract merely because of the death.
What further steps are required in the specific acquisition depends, however, on the previous status and the relevant declarations. The buyer should not derive from this either a blanket immediate stop to payments or an unexamined payment instruction to any arbitrary relative.
Inform the responsible notary of the actual situation
Our recommendation: inform the notary handling the transaction and state the known facts without your own speculations about the order of succession. Present any communications already received. Clarify which steps have already been taken and which next actions must be re-examined because of the death.
In the example the buyer notes that the notarisation has taken place, but she does not yet have a final handover arrangement. Bank documents and previous payment notifications are attached to that. She does not replace this overview with the vague sentence “Actually everything was already finished”.
A concrete outstanding payment date should be stated immediately. Waiting on your own until all family matters appear to be resolved at some point can conflict with the existing contract. Whether and how a date must be adjusted will be legally coordinated.
Separate contact person, heir and authorised representative
A daughter can organise communication without thereby already being established as the sole heir or the sole acting representative. Conversely, the handling may, under certain circumstances, proceed on the basis of a actually still valid power of attorney or another authorised body. Which authority exists will be examined on the basis of the concrete foundation.
For the proof of succession relevant to the land register Section 35 GBO in particular names the certificate of inheritance (Erbschein) or the European Certificate of Succession (Europäisches Nachlasszeugnis). In the case of a publicly notarised disposition this together with the record of probate may suffice; the land registry office can, under the statutory requirements, demand further proof. [NACHWEIS] An Erbschein is therefore neither categorically always nor categorically never designated as required.
The buyer does not herself arbitrarily request private estate documents from all family members. She asks the notary which proofs are actually needed for the concrete next step and in what manner they should be presented.
Confirm payment method and practical handover separately
The new bank account from a single message is not accepted without verification. Our organisational recommendation is to request confirmation via the already reliably known transaction channel. This check concerns both the actual beneficiary and the contractually stipulated payment date.
For the handover it is also clarified who is authorised to act on site and which personal items are still in the property. The consent of a single relative to take away or dispose of other people's belongings is not assumed to be a sufficient basis. The extent of the purchase and clearance of the estate are kept separate.
Adapt your own move to confirmed steps
In the example the buyer has already contacted a company for the move. She informs them of the outstanding scheduling status and checks the actual conditions for changes. She does not promise either her current landlord or a new service provider a key appointment that is not yet reliably fixed.
An additional interim need is considered with her own financing and reserves. This article does not assume any automatic reimbursement of such expenses by the heirs. Any claims and obligations must be assessed on the basis of the specific contract and course of events.
At the end there is an updated processing status: authorised responsible persons, required proofs, verified payment method and traceable next appointments. That respects the difficult personal situation without leaving the ongoing property decision to itself.