Agreeing on a home in Germany: what binds you, and when

In Germany, nothing binds buyer or seller until the notary. Up to then it's all negotiation; after it, there's no right to cancel.

1. Agree on the price

   Nothing you agree before the notary binds anyone: a contract to buy or sell land has to be notarised (§ 311b BGB).

   Not binding Your offer, and the seller saying yes.

   A price agreed by email or on the phone commits nobody. The seller can still accept a higher offer, and you can still walk away.

   Not binding A reservation (Reservierungsvereinbarung).

   A promise to hold the property for a while, but it obliges nobody to sell or buy, and an agent's reservation doesn't stop the seller selling to someone else. Estate agents cannot validly charge a reservation fee through their standard terms (Federal Court of Justice, 20 April 2023, I ZR 113/22).

   Not binding The financing confirmation.

   It shows a seller you're likely to get the loan. Most are provisional, and bind nobody, not even the bank.

2. Then two things to do

   Agree the details with the price too, such as what stays with the home and the handover date: they count once they're in the notary's contract.

   Find a notary, if the seller hasn't. The buyer usually chooses, and pays most of the costs.

   The notary is impartial (§ 14 BNotO), and the law fixes the fees, so they're the same at every notary: who picks matters less than you'd think. They draft the contract, read it out and explain it, but don't negotiate it for you or tell you whether it's a good deal. A lawyer can: see below. Choosing a notary, and checking the draft they send: at the notary.

   Send the papers to your financing expert or bank. For the final loan terms.

   The lender values the home itself, so it needs the property's papers: the exposé, the floor plans and living-area calculation, the energy certificate and a land register extract; for a flat, also the declaration of division, the owners' meeting minutes and the Hausgeld statement. And your own: ID, payslips and account statements.

3. Line up the loan first

   Binding, with 14 days to withdraw A signed consumer loan binds you, but you can withdraw within 14 days, counted from signing but not before you have your copy of the contract (§§ 495, 356b BGB).

   Once you sign at the notary, you owe the purchase price even if your loan falls through, unless the contract says otherwise. So aim to hold a binding loan offer before the appointment, and sign the loan and the purchase close together: comparing mortgage offers.

4. Sign at the notary

   Binding From the signature, the contract binds both sides, with no right to cancel it (§ 312(2) BGB).

   What happens there, from the draft to your name in the land register: at the notary.

The whole process, with the costs and the land register: our guide to buying a home in Germany.

Primary sources checked on 26 October 2026: the statutes and official pages linked above.