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    Ancillary purchase costs


    In addition to the purchase price, ancillary purchase costs must be borne by the buyer when purchasing a property. In Germany, ancillary acquisition costs include land transfer tax, notary and court fees as well as the brokerage fee.

    The basis for assessing the amount of notary and court costs is always the purchase price stated in the notary contract. The notary and court costs incurred are calculated on this basis. These currently amount to around 2.0 % of the purchase price.

    The following services are included in the notary and court costs:

    • Logging fee for the notary
    • Registration of the priority notice of conveyance
    • Land charge order
    • Registration of the land charge
    • Registration of the new owner
    • Cancellation of the cession notice
    • Fee for processing activity and contract execution fees.

    The land transfer tax is a tax incurred on the acquisition of a property/real estate and is payable by the buyer to the respective federal state. The amount of the tax rate depends on the federal state in which the property/land is acquired. The basis for the land transfer tax is the Land Transfer Tax Act. The assessment basis for determining the amount of the land transfer tax is the notarial purchase price stated in the contract.

    In Germany, brokerage is the term used to describe the remuneration paid to a real estate agent for his brokerage services. The usual amount of the brokerage fee for a property acquisition varies from state to state. There are basically two forms of brokerage fee:

    • If in connection with a broker’s fee we speak of an internal commission, this means that the fee to be paid is to be borne by the seller.
    • If, in connection with a brokerage fee, one speaks of an external commission, the commission is to be borne by the buyer or the future tenant. The legal basis for charging the broker’s commission can be found in the German Civil Code (BGB), §§ 652 to 654. The laws stipulate that the real estate agent is entitled to a broker’s commission when brokering a property. In case of doubt, the real estate agent must provide proof of this.

    The regulations for the broker’s commission also differ from state to state State. In Hamburg, Hesse and Schleswig-Holstein, for example, it is usually borne exclusively by the buyer, whereas in North Rhine-Westphalia the brokerage fee is divided between the buyer and the seller.

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