Hi, i have a property in Germany, a buyer went to the Notars and signed a contract, I was not present at the Notary and have been forawrded a copy of the cotract to signe at the German embassy, I have had this translated in to English an see a section that states that it is not a binding contract until I have signed my side of the contract, I am for a number of reasons I do not want to proceed with this sale, could you please tell me what is my legal position. Many thanks Kurt
Already Tried: Nothing
Dear Kurt,
you don't need to proceed with the contract. A contract is only binding when it is signed by all the contractual parties. In certain circumstances one party may become liable for damages, if it refuses to to sign a contract last minute. This is, however not the case, with property purchase contracts, because the special requirements as to form (notarisation) are there to warn both sides about the importance of the contract and to allow each side to re-consider.
I hope this helps.
Kathrin