It's much easier and cheaper for the seller to use his Notary but even if he offers to pay the notarial fees, do not accept and use your own.
A final piece of advice, if he wants you to pay a deposit, only pay it to your own notary, not to the seller or his notary.
Second this. When we bought our property we asked the estate agent for a notary who spoke English. When we went to sign the contract with the seller the notary went through each paragraph of the contract translating it himself for us to make sure both we and the seller knew what our obligations were.
The notary then went through all the documents again, in English, and we signed. That of course is BL. Who knows how it is done abroad?
In SZ, there is no choice - you use the official Notary at the Grundbuchamt in the Gemeinde where the property is located.
That person is a neutral party. He or she is not looking out for either party's interests, ascertaining whether any part of the contract unduly advantages or disadvantages one party or the other is outside his or her remit.
The only question that concerns the Notary in SZ is whether the contract is legal, and whether both parties have the capacity to enter into it. He or she is there to ensure that the change of ownership meets the legal requirements.
'Capacity to enter into the contract' includes understanding the language. If the Notary feels one of the parties does not have sufficient functionality in German to understand the preceedings, he or she may require that party to bring a translator. But this is more 'do you understand these words?', not 'do you understand how these words will affect you?'. The latter is something each party is expected to have worked out before finalising the contract, before coming to the Notary.
In SZ if one is concerned about being disadvantaged by any part of the contract, if one doesn't not have sufficient understanding of property law one needs to engage one's own lawyer to review it, and then accept it as it, re-negotiate, or walk away. All that happens well before you get to the Notary.
I suspect this is one of those YMMV by canton things. Can any of you who have bought in ZH comment?
contact the HAUSEIGENTÜMERVERBAND - they can recommend someone.
they usually work closely with these folks. in fact the Notary may be able to recommend someone who can translate the documents and go over the contract and point out all of the main points which you may not be accustomed to
The notary was speaking english and the vendor (representative) was also speaking english.
We couldn't signe a contract we couldn't understand so the easiest was to give power of attorney to someone (working for the notary).
The reading of the contract was mostly in english and we did translated (google) the contract before the meeting.
Also the bank helped us with question we had.
The funny thing is we signed a document giving power of attorney but we could't read it 80()
You should already know the contract before you see the notary.
Also notaries are not lawyers, everything is square. this is why you do not need one for the buyer and one for the seller.
Edit: reading other messages :
neutral is a much better word than square
There are two variants different notaries' offices in Zurich use; option 1 is that they will accept that you get the documentation professionally translated into English so you understand it, the interpreter accompanies you to the appointment(s) and you sign on your own account. Option 2 is that you give the translator/interpreter a power of attorney to sign the documentation on your behalf. You don't get to choose, it's what the notary wants done and I've experienced both.
FWIW I've been a professional translator and interpreter for 26 years, the last 19 in Switzerland, I'm a full member of both UK professional associations and a Chartered Linguist. If I can help after mid Oct, I'd be delighted to do so and feel free to drop me a PM. I could translate the documents before then, but in-person interpreting would have to be afterwards as I'm physically out of the country until then.
This post covers exactly what we need next week.
We go to the notary for an increase in our mortgage, which means no seller is involved.
If ZKB sends the contract on Monday (as expected), we sign on Tuesday and I will be in Switzerland to do it.
If anything happens and it gets delayed, I won't be around due to some urgent matters back home. Unfortunately my partner (British) speaks very little German and is not allowed to sign.
Would anyone be able to help her if needed?
We asked the notary and they didn't offer anyone we could pay for an hour to do that...
We live in Wädenswil...
Thanks!
We had a very similar situation, apparently the Notaire has an obligation to ensure that everything is understood by all parties before they allow you to sign.
My wife and I were doing something with joint liability, we are in Vaud so everything proceeds in French. I am OK with that but notaire was not happy that I translated for my wife, and required that an independant person translated into German for her. (I guess that keeps them clear ref all the divorce threads popping up recently!).
In our case the notaire took care of providing a translator that they were personally comfortable with. For a fee of course, not crazy, something like 150 if I recall.
Perhaps explore whether they will do the same for you?
B
By the time you are signing you should already understand the contract.
In all instances, the Notary went over the contract with a fine tooth comb explaining to all parties the implications of each clause.
Note that we have B1 German level...
You give it to somebody you trust implacably not some bloke you find on the street
I have POA for my wife in certain matters. I negotiate and agree, with the promise that she will sign anything that I agree to (this is stated in the POA)
No. It's is your responsibility.
Tom