Germany: serving expat and cross-border buyers

German agencies meet buyers who do not fit the standard file: an expat who lives in Germany on a temporary permit, someone who lives abroad and wants a flat for family reasons, a buyer with one passport, a second country of residence and savings in a third. Germany does not restrict foreign buyers, but the process is formal and agents carry real compliance duties. This briefing sets out what to establish before you take instructions. Much of the cost and financing detail comes from advisory summaries rather than the statutes, so confirm points with your notary or lawyer.

Who may buy

Summaries say foreigners follow the same purchase contract, notary and land-register process as residents in all sixteen federal states, with no special permit, government approval or residence condition at the point of purchase. Buying does not, as far as we know, give a right to live in Germany; a buyer's immigration status has to come from elsewhere, so ask an immigration lawyer rather than suggest otherwise.

What to collect

For each buyer, collect and keep:

• a valid passport or identity card and, for a buyer who lives in Germany, the residence permit
• the German tax identification number if there is one; reports say a non-resident without one is usually given a transaction-specific tax number by the local tax office for the transfer tax
• evidence of where the money comes from: salary and tax records, a sale contract, bank statements, savings history
• for a buyer who needs a mortgage, the documents the lender asks for, which are heavier for non-residents
• for a company or a trust, the registry extract and the natural persons who ultimately own or control it
• marital status and any co-buyer, with the same documents for them
• sworn or certified translations where documents are not in German or English

For purchases through a foreign company or trust, one summary says the notary must check the transparency register and that beneficial owners may need to be registered at least a month earlier. Ask the notary at the start, not at the signing.

Your duties under the anti-money-laundering act

A German tax-advisory page on the Money Laundering Act (GwG) lists real estate agents among the obliged parties. Points it gives:

• for sales, due diligence applies whatever the price; for lettings the page mentions a monthly net rent of 10,000 euro as the threshold
• you must identify the person ultimately owning or controlling a company buyer and look through layered structures; looking at the first shareholder is often not enough
• records are generally kept for five years
• facts that point to money laundering or terrorist financing are reported to the financial intelligence unit through its goAML system
• a documented risk analysis and internal safeguards are required, and a compliance officer can be appointed

We could not read the chamber of commerce note on exactly when an agent must identify the parties, so we do not state the moment. Check your supervisor's interpretation notes and your own state's rules, because supervision is organised by state.

Sanctions and sensitive profiles, done by the book

Screen the buyer, any beneficial owner and any third-party payer against the sanctions lists your bank or lawyer requires, keep dated records, and escalate red flags to a lawyer before going on. In September 2024 the EU Court of Justice held, in a case about a Berlin flat owned by an unlisted Russian company, that a notary's authentication of a sale is not the legal advice that the EU ban forbids. Law-firm notes add that notaries must still inform themselves about sanctions lists and check the parties. It is also commonly said that an entity owned or controlled more than 50 percent by a listed person is treated as listed, which we state from general knowledge, so confirm it with your lawyer.

Nationality is not a reason to refuse a file and is not a reason to skip checks. That includes Russian-speaking buyers who live in Germany or elsewhere. Never advise a client how to avoid a check.

Status and financing

Tell expats early that financing is harder for them. Summaries report that lenders in 2026 are hesitant to fund non-EU buyers without a permanent settlement permit, that loan-to-value is often 50 to 70 percent for non-EU buyers, and that fixed periods of five to fifteen years are normal. A 2018 report by The Local Germany describes an American couple on a temporary residence status who paid a higher rate fixed for a long time; conditions have changed since, but the point stands that status shapes the offer. Ask what the buyer's residence status is before you spend time on viewings.

Practical checklist

• who is buying, from which country, with which passport, and who pays
• how much is cash and how much needs a lender
• whether a company or trust is involved
• who will attend the notary, and in which language
• which documents need translation

Working with D.H. Realting

D.H. Realting is a trilingual (Russian, English, Polish) overseas-property platform. We introduce buyers, including expats and cross-border buyers, and support the process. Agencies that handle the deal locally and want to be introduced to such buyers can contact us through our partners page.

This briefing is informational only and is not legal, tax or investment advice. Facts were checked on 12 October 2026 from the sources named in the text; rules change, so confirm with a local lawyer before relying on any point.