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Tübingen notary in sight: discounts well above the fee schedule!
A retired notary from Tübingen has to answer in court for illegally granting discounts outside of the fee schedule.
Tübingen notary in sight: discounts well above the fee schedule!
The courts in Tübingen are currently dealing with a sensational case: a retired notary is facing serious allegations. He is accused of granting a co-accused managing director illegal discounts on his services. These are discounts that lie far outside the established fee schedule, such as the GEA reported.
What exactly is behind these allegations? In Germany, the costs for notarial services are legally regulated by the Court and Notary Costs Act (GNotKG). The amount of notary costs depends on the importance and value of the respective transaction, not on the notary's working hours. This regulation ensures that the fees remain transparent and understandable, as well Notary Wetzel explained.
Transparency in notary costs
The GNotKG, which has been in force in Germany since August 1, 2013, replaced the previous cost regulations and offers citizens and companies clear guidance when it comes to the cost definition for notarial services such as purchasing property, setting up a company or making a will. Fee rates are degressive: the higher the business value, the lower the percentage of the fee. For example, a purchase price of 300,000 euros for a property results in around 935 euros in notary costs, while an asset of 150,000 euros for a will costs around 435 euros, according to the example of Notary Dr. Puke.
The current court case involving the notary in Tübingen raises questions about the integrity and compliance with these regulations. The accusation of impermissible discounts could have consequences not only for the notary himself, but also for the legal partners who may be involved in the matter by providing false information on the value - a punishable offense under German law.
The verifiability of notary fees is provided for in the GNotKG, so that in the event of irregularities, notaries are obliged to request or refund fees. These regular business audits are intended to ensure that everything is done correctly and that the regulations in accordance with the law are adhered to.
Overall, it remains to be seen how this case will develop. The defendants are under pressure, while the public hopes that the allegations will be clarified soon. The issue surrounding notarial services and their costs remains an important part of legal business life in Germany - especially with regard to transparency and legal certainty.