An inheritance case in Berlin, but the heir has lived in Spain for years. Or an owner who emigrated to Canada a decade ago and now wants to sell their old condominium without flying back just for that. We come across cases like this regularly. The good news up front: selling a property in Germany from abroad is entirely possible without you having to sit in the room at the notary appointment yourself. It does, however, require a few additional steps that you're better off planning for from the start rather than discovering shortly before the notary appointment.
Selling a Property in Germany from Abroad: What's Generally Possible
A German property sale is always formally handled through a notary (Notar) — that doesn't change if you live abroad. What changes is how you take part in the process. Instead of signing in person, you grant power of attorney (Vollmacht) to someone who appears before the German notary on your behalf. This can be a trusted person, a family member, or we, as your commissioned estate agency, can coordinate the process, while the actual legal representation is usually handled by a lawyer or notary clerk. Important to know: the sale process itself — valuation, marketing, viewings and price negotiations — often runs digitally anyway. It's only at the notary appointment that your situation abroad becomes relevant.
The Notarial Power of Attorney: Apostille or Legalization
For someone to sign the purchase agreement on your behalf, you need a notarized power of attorney. You can have this drawn up in your current country of residence, either by a local notary or at the relevant German embassy or consulate. The latter has the advantage that the power of attorney is then usually recognized in Germany without further formalities.
If you use a foreign notary, an apostille or legalization (Legalisation) generally comes into play. Both confirm the authenticity of the issuing notary's signature and seal. Which procedure applies depends on the country: for states that are party to the Hague Apostille Convention, an apostille — a relatively straightforward stamping and certification process at the relevant local authority — is sufficient. For countries outside this convention, the more involved legalization through the German diplomatic mission is required. This takes time — allow for several weeks, especially if embassy appointments can only be booked well in advance. Underestimating this ends up delaying the entire sale, even though the buyer and price have long been settled.
Identity Verification: Why the Notary Looks Closely
For several years now, notaries have been under increased obligation to verify identity, covering both anti-money-laundering rules and the classic check of powers of attorney. With powers of attorney issued abroad, the notarizing notary in Germany examines particularly closely whether the document presented is genuine and current, whether the authorized person can be clearly identified, and whether the apostille or legalization is formally correct. A tip from practice: also provide a certified copy of your ID document and agree the exact wording of the power of attorney with the German notary's office beforehand. This can save you a second round with the foreign authority if anything is missing.
Sworn Interpreter at the Notary Appointment
If you do attend yourself, whether by video link or in person, but aren't sufficiently fluent in German, the German Certification Act (Beurkundungsgesetz) requires that a sworn interpreter be brought in. This isn't optional — it's mandatory whenever the notary cannot be certain that you fully understand the content of the contract. The interpreter translates live as the purchase agreement is read aloud and, at the end, confirms with their own signature that the translation was accurate. This does add somewhat to the cost of the notary appointment, but it's the only legally secure option. Especially with international buyers or sellers who speak only English or Russian, for instance, this is standard procedure for us.
Escrow Account and Payment Abroad
In most transactions, the purchase price is first paid into a notary escrow account (Notaranderkonto), a trust account held by the notary. Only once all contractually agreed conditions are met — for example, the deletion of existing land charges (Grundschulden) or the entry of the priority notice for conveyance (Auflassungsvormerkung) — does the notary release the payment. For sellers abroad, little changes here fundamentally, except that the transfer goes to a foreign account. Depending on the bank and country, this can take somewhat longer than a purely domestic transfer, and some banks require additional proof of the origin of the funds, particularly for larger sums and outside the EU. It's worth giving the notary your correct IBAN, BIC and bank address early on so there's no delay at payout.
Don't Forget Tax Reporting Obligations
Even living abroad, you remain obligated to the German tax office (Finanzamt) once a German property is involved. Selling within the ten-year speculation period (Spekulationsfrist) for privately held property can trigger income tax liability — what counts here is the date of the notarial purchase agreement, not the land register (Grundbuch) entry. In addition, the tax office sometimes requires a tax exemption certificate (Freistellungsbescheinigung) from those with limited tax liability, so that the buyer isn't automatically obliged to withhold tax. Without this certificate, part of the purchase price may be withheld as a precaution until the tax situation is clarified. It's best to clarify this early on with a tax advisor experienced in cross-border matters — this avoids unpleasant surprises shortly before payout.
What Can Actually Be Handled by Video
Preparatory steps such as viewings with prospective buyers, price negotiations, or coordinating the draft contract with the notary can nowadays be handled almost entirely by video or phone. We also frequently clarify questions about the power of attorney or the process itself in a short video call. The actual notarization of the purchase agreement, however, still requires physical presence under German law — either your own or that of an authorized representative before the notary. A purely digital remote notarization without a power of attorney, as exists in some other countries, is not currently provided for property transactions under the German Certification Act. So if you want to avoid the flight to Germany, there's no way around the notarial power of attorney with apostille or legalization.
With these points in mind, it's entirely possible to sell a German property completely from abroad without traveling yourself. It takes a bit more lead time and coordination, but the process is well-established and routine for notaries. Under Selling a Property you can find out more about how we coordinate the entire process for you, from the initial valuation to the notary appointment.
As a Berlin-based estate agency with an international focus, we've spent many years supporting owners who no longer live in Germany but still own property here. We communicate in German, English and Russian, know the administrative procedures for powers of attorney from various countries, and coordinate the entire process through to the notary appointment. If you're considering a sale from abroad, get in touch via our contact page — we'll review your situation with no obligation and tell you exactly which steps are needed in your case.
