Investor Guide
2026-10-10 09:37

Fälligkeitsmitteilung (due-date notice): The Payment Clock Starts Here

A Fälligkeitsmitteilung is the notary's written notice that all the contractual conditions for paying the price have been met. Its receipt usually starts a payment period of 10–14 days, and paying late can cost default interest without any reminder from the seller.

What it is

The duty to send the notice comes from the purchase contract, not from statute: the parties instruct the notary to check the payment conditions and report on them. Such supervision is part of the notary's office (§ 24(1) BNotO), and for checking and notifying, the notary charges half the full rate (0.5; KV 22200 GNotKG). By our calculation, on a €10 million price that is €5,692.50 excluding VAT. In the example in Part 11 of the series German Prime Retail, this fee is part of the €41,000 of notary costs.
Part 8 lists the typical conditions. The priority notice (Auflassungsvormerkung) is registered in the buyer's favour at the agreed rank. The notary holds deletion approvals for the entries the buyer does not accept, with trust instructions that can be met out of the price. The municipality has confirmed that it has no pre-emption right or will not exercise it (§ 28(1) BauGB). And the required approvals have been granted — for example, consent to the sale of a unit where the declaration of division requires it (§ 12 WEG).

Why it matters to investors

The notice marks the moment when the buyer's protection is in place but the price is not yet paid. There is no reason to pay earlier, and paying later is expensive. If the contract fixes the payment period in days after the notice, a buyer who misses it is in default without any reminder (§ 286(2) no. 2 BGB). Default interest is the base rate plus 9 percentage points a year where no consumer is party to the deal, and plus 5 points where one is (§ 288(1), (2) BGB). And if the buyer submitted in the deed to immediate enforcement for the price, the seller needs no court judgment to collect it (§ 794(1) no. 5 ZPO).
The practical conclusion: secure the financing by signing, not by the notice, and agree in advance with your bank on a confirmation of the transfer for the notary. The notary files for the buyer's registration only after receiving conclusive proof of non-cash payment, or after requesting it in vain (§ 16a(3) GwG).

What to check

• The full list of payment conditions in the contract, and who confirms each.
• The payment period after the notice, and the account details of the recipients: the seller's banks and the seller.
• The redemption amounts stated in the notice, compared with the price.
• The consequences of default: interest, the seller's right to withdraw, submission to enforcement.
• Financing in place, and bank confirmations of payment ready for the notary.
Related terms: Notaranderkonto · Löschungsbewilligung · Vorkaufsrecht der Gemeinde
Sources: BGB §§ 286, 288; BNotO § 24; BauGB § 28; WEG § 12; GwG § 16a; ZPO § 794; GNotKG §§ 34, 113, KV 22200; Gordon Real Estate Group, "German Prime Retail", Parts 8 and 11. Legal position as of 10 October 2026.
Photo: Peter Herrmann / Unsplash
This entry is general information and not legal or tax advice.