Fees That Cannot Be Negotiated

A contract to buy land in Germany must be recorded by a notary. The notary’s fee comes from a statute, the court and notary costs act. Section 125 begins: Vereinbarungen über die Höhe der Kosten sind unwirksam. Agreements about the amount of the fees are void. The exceptions that follow do not cover a land purchase. The buyer cannot ask the notary for a better price, and the notary cannot offer one. Lawyers have a similar rule. The Federal Lawyers’ Act says that it is not permitted geringere Gebühren und Auslagen zu vereinbaren oder zu fordern, to agree on or charge lower fees and expenses than the lawyers’ fee act provides.

The lawyers’ rule has a limit. For work outside court, a lower fee may be agreed.

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