Property ties up capital and nerves. Mistakes here are rarely reparable and almost always expensive.
For most people, a property deal is the largest transaction of their lives — and for companies it is often the most capital-intensive item on the balance sheet.
Before studying law, I studied business administration and worked as a sales director in the real estate and securities sector. Those years still shape how I handle engagements in this area: the legal assessment is one half. The other is the question of what the decision means economically — for financing, tax, timing and marketability.
Contracts for the purchase of land must be notarially recorded. The notary is obliged to remain neutral — advising both sides equally and representing neither.
This leads to a practical point: anyone who wants their interests reflected in the contract needs their own review — before the notarial appointment, not during it. A draft that arrives two days before the appointment should not be read two hours beforehand.
Usually only a few points are decisive: the scope of the exclusion of warranty, the agreements on the property's characteristics, provisions on contaminated land and site development, the date on which benefits and burdens pass to the buyer, and the security for payment of the purchase price.
For buildings, the warranty period is five years. It begins with acceptance (Abnahme) — which is why the acceptance appointment is the most important date of the entire construction project. Anyone who accepts without reserving defects loses rights that are difficult to recover later.
With a developer contract (Bauträgervertrag), there is the added factor that payments are made in statutorily regulated instalments according to construction progress. Advance payments beyond that are generally impermissible — and are lost if the developer becomes insolvent. We review payment schedules before anything is paid.
Where defects are disputed, independent evidentiary proceedings (selbstständiges Beweisverfahren) are often the better first step: the condition is documented by a court-appointed expert before it is remedied or covered up.
For landlords and tenants alike. The most frequent points of dispute are rent increases, service charge statements, defects and rent reduction, and the termination of the tenancy.
In a personal-use termination (Eigenbedarfskündigung), the reasoning is decisive: the landlord must specifically name the person and the reason, and the interest must be serious and comprehensible. Formal errors make the termination invalid — even if the need genuinely exists.
For service charge statements, the landlord has twelve months from the end of the accounting period to issue the statement. After that, additional claims are excluded in principle. It is worth looking at the date before looking at the figures.
In commercial tenancy law, much of this does not apply: protection is considerably weaker, but freedom of contract is greater. That makes drafting all the more important — in particular regarding term, options, protection from competition and maintenance obligations.
Since the reform of condominium law, the owners' association itself holds the rights and obligations; decision-making powers and the property manager's authority have shifted. Challenges to resolutions are subject to short deadlines — one month for filing the action, two for stating the grounds. Anyone who considers a resolution unlawful has little time.
Building on the boundary, encroaching structures, trees and fences, nuisance from noise or odours, rights of way and easements. Neighbour disputes are rarely of great economic significance and almost always stressful, because the parties continue to encounter each other every day. That is why we usually check first whether an agreement can be reached before going to court.
Fees under the German Lawyers' Remuneration Act (RVG) based on the value of the matter, or under a fee agreement — for contract reviews often as a flat fee fixed in advance. In real estate engagements, we tell you early on how the effort relates to the economic value at stake.
The notary is obliged to be impartial (§ 14 Abs. 1 BNotO). The notary informs both sides but represents neither. Anyone who wants to assert their own interests in the contract — for example regarding the exclusion of warranty, agreed characteristics or securing the purchase price — needs their own review, and needs it before the notarial appointment.
Twelve months after the end of the accounting period (§ 556 Abs. 3 Satz 2 BGB). After that, the landlord can generally no longer demand additional payments, unless the landlord is not responsible for the delay. Tenants must raise objections no later than twelve months after receiving the statement (§ 556 Abs. 3 Satz 5 BGB).
The reasons for the legitimate interest must be stated in the termination letter itself (§ 573 BGB). These include the person for whom the flat is needed and the specific reason for the need. If this is missing, the termination is invalid.
Five years from acceptance (§ 634a Abs. 1 Nr. 2 BGB). That is why acceptance is the decisive date: known defects should be expressly reserved at that point, otherwise certain rights are lost (§ 640 Abs. 3 BGB).
The action to set aside the resolution must be filed within one month of the resolution and the grounds must be stated within two months (§ 45 WEG). The period runs from the day of the meeting, not from receipt of the minutes.
Answers as of October 2026. They state the general statutory rule; individual cases may differ.
This text is a general overview and does not replace advice on your individual case. Which rules apply to your matter depends on circumstances that can only be clarified in a consultation.
