If a municipal pre-emption right may be applicable, the notary also informs the municipality about the sale. Without this certificate, the notary is not entitled to record the transfer of ownership.
Only after the real estate transfer tax has been paid, the tax office sends the notary the clearance certificate. Immediately after the notarization, the notary notifies the sale to the tax office, which issues the real estate transfer tax notice based on this information. In contrast to a separate notarization of the declarations by buyer and seller this procedure is more favorable, since the involved parties are only charged for the certification of signatures afterwards. If the buyer cannot appear him/herself, the possibility of a so-called proxy without power is popular. If a consumer is involved, the notary may encourage the consumer to attend the notarization in person. The buyer must not appear him/herself at the signing of the contract, he/she may instead be represented. For this purpose, the notary is obliged to read out the entire contract and have both parties sign it. Once no more objections concerning the drafted contract remain, the notary will notarize the contract. The notary will inform the involved parties about any pre-emption rights that may exist (e.g.: in case of first sale after division, pre-emption right of the commune). In case the purchase item is a condominium, the purchase contract furthermore refers to the declaration of division as well as the certificate of completion. During the notarization process, any questions that may arise can be discussed with the notary and any final changes can be incorporated into the purchase agreement if both parties consent.
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