Notarial power of attorney for a property sale: drafting aid
Preparing your meeting with the notary
Anyone who leaves Germany and has a property sold later needs a notarially recorded power of attorney (notarielle Vollmacht). This document collects the points you should decide beforehand and shows, in sample wording, which powers such a document usually contains.
Decide before the notary appointment
The more clearly you prepare these points, the shorter the appointment. Tick what you have decided and take this sheet with you.
Person and property
Scope and limits
Sample wording as a basis for discussion
The wording below shows how a sales power of attorney is usually structured. Everything in square brackets is a placeholder. Print it, strike out what you do not want and let the notary check and adapt the rest. The German original prevails; this translation is for your understanding only.
Power of attorney for the sale of real property
I, [name, date of birth, address of the principal], hereby authorise
[name of the authorised person, date of birth, address],
to represent me in all matters concerning the sale of the following real property:
Land register of [district], sheet [number], serial number [number] of the schedule of properties, parcel [number], situated at [street, house number, postcode, town].
The authority covers in particular the following powers:
- To conclude and sign the purchase contract for the above property on the terms the authorised person considers appropriate, in particular to agree the purchase price, the date it falls due, the handover date and provisions on defects and fixtures. [Optional: The purchase price may not fall below [amount] euros.]
- To approve and apply for the registration of a priority notice of conveyance (Auflassungsvormerkung) in favour of the buyer, and to approve and apply for its deletion.
- To declare and accept the conveyance (Auflassung) and to approve and apply for the transfer of title in the land register.
- To receive the purchase price, to issue a valid receipt for it and to give payment instructions, in particular to request payment into account [IBAN]. [Alternative: This power is excluded; the purchase price is to be paid exclusively into my account [IBAN].]
- To make and receive all declarations vis-a-vis the notary, the land registry, the municipality and other authorities in connection with the sale, including applications for any required consents and declarations concerning rights of pre-emption (Vorkaufsrecht).
- To approve and apply for the deletion of existing land charges (Grundpfandrechte) and other encumbrances in sections II and III of the land register, to receive the deletion documents and to agree with the lenders the redemption of outstanding loans including any early repayment charge (Vorfälligkeitsentschädigung).
- The authorised person is released from the restrictions of § 181 BGB. [Alternative: The authorised person is not released from the restrictions of § 181 BGB and may in particular not conclude the contract with himself or herself.]
- The authorised person is entitled to grant sub authority, including a release of the sub authorised person from § 181 BGB. [Alternative: The granting of sub authority is excluded.]
- This power of attorney is valid until [date] and lapses thereafter without further action. It may be revoked at any time; revocation is declared to the authorised person and to the recording notary. The authority continues beyond my death. [Alternative: The authority lapses on my death.]
Externally the authorised person acts without restriction. Internally the arrangements agreed between us apply; they do not limit the external scope of this authority.
Placeholders in square brackets are replaced by the notary. The signature lines only illustrate the later layout; they do not turn this sheet into a deed.
Three routes to notarial recording
Once you are already abroad, the process becomes slower. That is why I advise sellers in Dresden to deal with the power of attorney at a German notary before departure wherever possible.
| Route | Effort | Typical duration | Pitfall |
|---|---|---|---|
| German notary before you leave | One appointment on site; ID and land register extract are enough. Fee depends on the transaction value, usually about 50 to 200 euros. | Appointment usually within a few days, certified copy the same day or shortly after | Often postponed to the last minute. If the certified copy (Ausfertigung) is not in hand on departure day, it has to be posted abroad. |
| German consulate abroad | Book an appointment at the responsible German mission; recording or certification by a consular officer under German law. | Waiting times for an appointment are often several weeks, plus postage back to Germany | Not every mission provides full notarial recording; many only certify signatures. Clarify in writing beforehand what is sufficient in your case. |
| Foreign notary with apostille and certified translation | Recording abroad, then an apostille under the Hague Convention or legalisation, plus a certified translation into German. | Allow several weeks for recording, apostille, translation and dispatch | Whether the foreign form satisfies the German land registry depends on the country. Clarify this in advance with the notary who will record the purchase contract, not on the day of sale. |
No warranty is given. Which route works in your case is decided by the recording notary.
Preventing misuse
A sales power of attorney is a powerful document. Whoever holds it can transfer your property. These five adjustments limit the risk without making the sale unworkable.
Hand out the certified copy under control
Only the holder of the certified copy (Ausfertigung) can act. Hand out a single copy and have it confirmed that it will be returned after the sale. Certified transcripts are not sufficient to complete the transfer.
Limit it to one property
A general power of attorney is convenient and for exactly that reason risky. Name the land register sheet and the parcel, and the authority stops at the boundary of that plot.
Set a time limit
Choose an end date that matches your planned sale period, with some buffer. If it expires before you need it, the notary extends it. That is the smaller inconvenience.
Leave it in the notary's custody
You can agree that the certified copy stays with the notary and is released only once the draft purchase contract exists and you have approved it. Raise this arrangement at the recording appointment.
Prepare the revocation
Note who the revocation goes to: the authorised person and the recording notary, in writing and with proof of delivery. Ask for the certified copy back at the same time, because only then is the practical risk over.
Immobilienpartner Sachsen · Calvin Linke · Dresden · Reachable by phone Mon to Fri 8 am to 8 pm, Sat 9 am to 2 pm