Can the notary not simply advise us?

They do advise — but impartially, that is, all parties equally (section 14 BNotO). They explain what a contract means and what follows from it. They will not tell you how to come out best in a negotiation. For that you need a lawyer.

Do we really need an expert valuer, or is an assessment enough?

It depends on who has to believe the figure. As long as everyone agrees, a well-founded assessment is enough. As soon as a co-heir is being bought out, a tax office reviews it, or a dispute is in the air, the formal valuation is worth it — it holds up.

We do not want a dispute. Is the mediator alone not enough?

For reaching understanding, yes; for legal effect, no. What is agreed in a mediation procedure must afterwards hold up in law — with a property that as a rule means: to the notary. And anyone who does not know what they are giving up should clarify that with a lawyer beforehand.

Knowledge · Orientation

Who does what — and whom do you need when?

After a death, or before a handover, five professions suddenly stand in the room. They do very different things, and three of them are not allowed to take your side. Here they stand side by side.

The answer first. The decisive distinction is not „expensive or cheap" but partisan or impartial. A lawyer may and should represent your side. A notary may not — they serve all parties equally. Whoever confuses the two expects the right thing from the wrong person, and ends up disappointed although no one has made a mistake.

The lawyer is the only one of the five who takes a position for you. They advise and represent in all legal matters (section 3 BRAO), negotiate, draft submissions and appear in court. Legal advice in an individual case is reserved to them and to a few others; providing it without authorisation breaches the German Legal Services Act.

You need them when: who the heirs are is in dispute, a compulsory share is to be claimed or resisted, a co-heir is blocking, a deadline is running, or when you want to know how strong your position really is before you negotiate. Not for the question of what the house is worth, and not for organising peace within the family — neither is their task.

The notary holds an independent public office. Their professional code obliges them to impartiality (section 14 BNotO): they serve all parties equally and may not favour any side — not even the one who instructs and pays them. This is what is most often misunderstood.

They record in authentic form what the law requires to be so recorded: contracts concerning land, contracts of inheritance, transfers during one’s lifetime, powers of attorney. They explain the legal significance of what is being signed and make sure both sides understand what they are entering into. On negotiating tactics they do not advise.

You need them when: land changes owner, a share in an estate is sold, a lifetime handover is due, or a precautionary power of attorney is to cover real property. Not necessarily for a certificate of inheritance: the statutory declaration may be made before the probate court or before a notary — so you can apply directly at the court and save the notarial fee. If you want advice that is expressly on your side, you need a lawyer alongside. That is not distrust of the notary — it is the division of labour the law provides for.

Under the German Mediation Act a mediator is an independent and neutral person without decision-making power. They guide the parties through a structured, confidential procedure so that the parties themselves find a solution (section 2 MediationsG). They do not judge and do not propose who is right — they make sure everyone is heard and that what has been agreed is recorded at the end.

You need them when: the factual questions have long been settled and things still do not move; when old stories are blocking the new decision; when two camps have formed and every conversation tips over at the same point. A mediation procedure does not replace legal advice — the parties should know what they are giving up before they agree.

Publicly appointed and sworn experts are appointed by the bodies designated under state law — usually the chamber of industry and commerce — once they have demonstrated particular expertise. The same provision obliges them to act independently, free of instruction and impartially (section 36(3) no. 3 GewO): they too do not stand on your side, but beside the matter. They produce valuation reports using recognised methods. The benchmark is the market value, and it is defined by statute (section 194 BauGB): the price that would be achievable at the valuation date in ordinary commerce according to the legal circumstances and actual characteristics, the general condition and the location — without regard to unusual or personal circumstances. The final clause is the important one: a family emergency or a buyer in a particular hurry expressly do not belong in it. A privately commissioned report is, however, qualified party submission in court rather than evidence — the court may still appoint its own expert.

You need them when: the figure is disputed or could become disputed; when a co-heir is to be bought out and everyone needs the same basis; when a tax office or a court will review the valuation. In a community of heirs this is often the point at which everything comes loose: as long as each side holds its own idea, „your appraiser against mine" stands in the room. A figure that no one has set out of self-interest takes the edge off the quarrel.

Anyone who commercially brokers contracts concerning land needs a licence under section 34c GewO. Under section 652 BGB the agent’s commission arises only on success: it is earned when the contract comes about as a result of the referral or the brokering — not for effort, not for time, not for advertisements.

You need them when: a property is actually to be sold or let and someone has to handle the market, the preparation and the prospective buyers. What you should know about this has a page of its own: commission and conflict of interest — because an agent who serves both sides is treated differently by law from one who represents only one.

We put the conversation within the family in order, prepare decisions and accompany the transition. We do not give legal advice and we do not produce court-proof valuation reports; both belong to the professions above, and we say so every time rather than letting the line blur. Where a formal procedure is called for, it is led by an independent mediator whom you instruct yourself and who invoices you directly.

Our licence as an estate agent under section 34c GewO is in preparation. Until it is granted we do not act as agents — not even „on request". What is possible today is what comes before any sale: listening, sorting, laying the paths side by side. Peace first, then the practical matter.

Can the notary not simply advise us?: They do advise — but impartially, that is, all parties equally (section 14 BNotO). They explain what a contract means and what follows from it. They will not tell you how to come out best in a negotiation. For that you need a lawyer.
Do we really need an expert valuer, or is an assessment enough?: It depends on who has to believe the figure. As long as everyone agrees, a well-founded assessment is enough. As soon as a co-heir is being bought out, a tax office reviews it, or a dispute is in the air, the formal valuation is worth it — it holds up.
We do not want a dispute. Is the mediator alone not enough?: For reaching understanding, yes; for legal effect, no. What is agreed in a mediation procedure must afterwards hold up in law — with a property that as a rule means: to the notary. And anyone who does not know what they are giving up should clarify that with a lawyer beforehand.