Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 10.09.2019, 21:18
Junior Member
 
Join Date: Feb 2013
Location: Zurich
Posts: 61
Groaned at 4 Times in 2 Posts
Thanked 20 Times in 10 Posts
keepsmiling has no particular reputation at present
Translator: notary for house purchase

We are looking for a person who can accompany us to the notary and translate us what is explained in German.
Reply With Quote
  #2  
Old 10.09.2019, 23:48
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 4,533
Groaned at 218 Times in 172 Posts
Thanked 7,471 Times in 3,302 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Translator: notary for house purchase

Quote:
View Post
We are looking for a person who can accompany us to the notary and translate us what is explained in German.
Have you confirmed with the notary that he will accept this? From experience I can tell you that some will not agree to you signing a legal document that you do not understand yourself.
Reply With Quote
  #3  
Old 11.09.2019, 00:04
Forum Veteran
 
Join Date: Jan 2017
Location: Zürich
Posts: 910
Groaned at 83 Times in 66 Posts
Thanked 1,192 Times in 581 Posts
YuropFlyer has a reputation beyond reputeYuropFlyer has a reputation beyond reputeYuropFlyer has a reputation beyond reputeYuropFlyer has a reputation beyond repute
Re: Translator: notary for house purchase

Taking Jim2007's comment into consideration, I might be available, if you could send me the date/time of the visit so I could confirm if I'd be indeed available.
Reply With Quote
  #4  
Old 11.09.2019, 05:28
Forum Veteran
 
Join Date: Jan 2016
Location: Lugano
Posts: 1,128
Groaned at 17 Times in 15 Posts
Thanked 1,367 Times in 623 Posts
LuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond repute
Re: Translator: notary for house purchase

Perhaps find a notary that can speak English. There are plenty in the Zurich area. Also, as the buyer, you have the right to choose the Notary, and this is very important since the seller may put in clauses that could be detrimental to you in the future, and they may not be disclosed if you don't have a legal background to understand them or are glossed over in the reading of the deed.

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.
Reply With Quote
  #5  
Old 11.09.2019, 07:13
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,314
Groaned at 411 Times in 319 Posts
Thanked 17,348 Times in 9,733 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Translator: notary for house purchase

Quote:
View Post
Perhaps find a notary that can speak English. There are plenty in the Zurich area. Also, as the buyer, you have the right to choose the Notary, and this is very important since the seller may put in clauses that could be detrimental to you in the future, and they may not be disclosed if you don't have a legal background to understand them or are glossed over in the reading of the deed.

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.
Reply With Quote
  #6  
Old 11.09.2019, 09:06
Guest
 
Posts: n/a
Re: Translator: notary for house purchase

The buyer gets to choose the notary, so yeah, just make sure you choose one who can do all the explaining in English. It's absolutely normal, and absolutely part of their job to ensure that you've fully understood everything, so using an interpreter is just going to complicate things. Not the way it's done.
Reply With Quote
  #7  
Old 11.09.2019, 09:18
NotAllThere's Avatar
Mod x2
 
Join Date: Oct 2008
Location: Baselland
Posts: 13,845
Groaned at 245 Times in 216 Posts
Thanked 20,425 Times in 8,298 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
Re: Translator: notary for house purchase

Quote:
View Post
Have you confirmed with the notary that he will accept this? From experience I can tell you that some will not agree to you signing a legal document that you do not understand yourself.
Our notary spoke English perfectly, as did our vendors, but legally we had to have along a translator who signed a document that he had faithfully translated the discussions and other documents, and that we had a proper understanding of them.

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?
Reply With Quote
  #8  
Old 11.09.2019, 09:22
Forum Legend
 
Join Date: Sep 2006
Location: na
Posts: 11,037
Groaned at 34 Times in 30 Posts
Thanked 26,109 Times in 8,066 Posts
meloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond repute
Re: Translator: notary for house purchase

Quote:
View Post
. Also, as the buyer, you have the right to choose the Notary,
Is this the case in Zürich?

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?
Reply With Quote
The following 2 users would like to thank meloncollie for this useful post:
  #9  
Old 11.09.2019, 09:39
RTN RTN is offline
Forum Veteran
 
Join Date: Nov 2009
Location: Uetikon am See
Posts: 1,457
Groaned at 13 Times in 9 Posts
Thanked 1,647 Times in 737 Posts
RTN has a reputation beyond reputeRTN has a reputation beyond reputeRTN has a reputation beyond reputeRTN has a reputation beyond reputeRTN has a reputation beyond reputeRTN has a reputation beyond repute
Re: Translator: notary for house purchase

Quote:
The buyer gets to choose the notary, so yeah, just make sure you choose one who can do all the explaining in English. It's absolutely normal, and absolutely part of their job to ensure that you've fully understood everything, so using an interpreter is just going to complicate things. Not the way it's done.
For reference not all notaries are the same in Switzerland, Zurich has public notaries so you will be directed to the closest one relating to the business you require, in your case the house for sale. The notaries (in Zurich at least) are neutral so they have to ensure you understand what you are signing but they are not advisors on the ramifications of what you agree too. I have a good friend who is one and some so the stories he tells are quite alarming both from dodgy sellers to misinformed buyers. Buyer beware is never more apt than here but it is difficult to find out what to be aware of, it is a bit of a cultural thing not to offer advice unless specifically asked in the correctly phrased question. For example, capital gains tax liability stays with the property EVEN if you have paid it correctly at the time of transfer so there have been cases where the buyer has had to pay this twice.
Reply With Quote
The following 3 users would like to thank RTN for this useful post:
  #10  
Old 11.09.2019, 10:23
OBone's Avatar
Forum Veteran
 
Join Date: Dec 2008
Location: Aeugst Am Albis
Posts: 524
Groaned at 21 Times in 8 Posts
Thanked 332 Times in 136 Posts
OBone has earned the respect of manyOBone has earned the respect of manyOBone has earned the respect of many
Re: Translator: notary for house purchase

Quote:
View Post
Have you confirmed with the notary that he will accept this? From experience I can tell you that some will not agree to you signing a legal document that you do not understand yourself.
how will you sign any legal documents then....

contact the HAUSEIGENTÜMERVERBAND - they can recommend someone.

https://www.hev-zuerich.ch/


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
Reply With Quote
The following 3 users would like to thank OBone for this useful post:
  #11  
Old 11.09.2019, 17:08
Senior Member
 
Join Date: Mar 2010
Location: Brunnen
Posts: 468
Groaned at 12 Times in 11 Posts
Thanked 243 Times in 145 Posts
starDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputation
Re: Translator: notary for house purchase

just bought an apartment.
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
Reply With Quote
  #12  
Old 11.09.2019, 19:30
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 4,533
Groaned at 218 Times in 172 Posts
Thanked 7,471 Times in 3,302 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Translator: notary for house purchase

Quote:
View Post
The funny thing is we signed a document giving power of attorney but we could't read it 80()
That is a new one on me. I've had one occasion where I had to draft the power of attorney document in English for someone to sign, where the Attorney could not understand English....
Reply With Quote
  #13  
Old 16.09.2019, 16:34
eng_ch's Avatar
Forum Veteran
 
Join Date: Nov 2005
Location: Up where the air is clear
Posts: 1,751
Groaned at 4 Times in 4 Posts
Thanked 1,774 Times in 895 Posts
eng_ch has a reputation beyond reputeeng_ch has a reputation beyond reputeeng_ch has a reputation beyond reputeeng_ch has a reputation beyond reputeeng_ch has a reputation beyond repute
Re: Translator: notary for house purchase

It depends when you need this done, as I'm working abroad until mid October, but I do this fairly frequently.
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.
Reply With Quote
  #14  
Old 08.10.2021, 19:35
Junior Member
 
Join Date: Dec 2015
Location: Zürich
Posts: 82
Groaned at 3 Times in 2 Posts
Thanked 55 Times in 35 Posts
moscatel has earned some respectmoscatel has earned some respect
Re: Translator: notary for house purchase

Hi all,

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!
Reply With Quote
  #15  
Old 09.10.2021, 10:22
Junior Member
 
Join Date: Jan 2017
Location: Vaud
Posts: 33
Groaned at 0 Times in 0 Posts
Thanked 39 Times in 22 Posts
Boomer has earned some respectBoomer has earned some respect
Re: Translator: notary for house purchase

Hi
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
Reply With Quote
This user would like to thank Boomer for this useful post:
  #16  
Old 09.10.2021, 12:39
Senior Member
 
Join Date: Mar 2010
Location: Brunnen
Posts: 468
Groaned at 12 Times in 11 Posts
Thanked 243 Times in 145 Posts
starDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputation
Re: Translator: notary for house purchase

Quote:
View Post
Hi all,

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!
Like I was saying before , find a notary who can speak your language, signe a power of attorney with some who speak both language (give the preference to someone working with the notary). Then you are not the one signing but you will have the notary speaking to you in your language.

By the time you are signing you should already understand the contract.
Reply With Quote
  #17  
Old 12.10.2021, 09:40
Member
 
Join Date: Sep 2021
Location: Zug Riviera
Posts: 109
Groaned at 8 Times in 8 Posts
Thanked 271 Times in 89 Posts
BritS has a reputation beyond reputeBritS has a reputation beyond reputeBritS has a reputation beyond reputeBritS has a reputation beyond repute
Re: Translator: notary for house purchase

Quote:
View Post
Is this the case in Zürich?

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?
I second this. When we've bought properties in Kt ZH and ZG there was never a question of choosing a notary, this was just assigned to the local gemeinde / kreis Notary Office and you got what you got.

In all instances, the Notary went over the contract with a fine tooth comb explaining to all parties the implications of each clause.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
House purchase: are wardrobes part of the house or can we ask for them to be removed? Auburn Housing in general 28 09.02.2019 20:09
Translator German to English Needed for Notary in Canton Zurich RASZ Language corner 0 30.01.2018 20:43
Translation of house purchase contract at Notary Question AJJ Housing in general 23 17.12.2017 09:05
Notary fees: cancelled purchase Cham Housing in general 4 28.06.2011 12:02
Translator and Notary english to german elayne doughty Language corner 0 28.10.2008 20:13


All times are GMT +2. The time now is 15:07.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0