Information

Buying or Selling a House

Are you going to buy or sell a house?

If you want to buy or sell a house or land, then the agreements between the parties must be recorded.  Your civil-law notary or candidate civil-law notary, who is independent and impartial, advises parties on this, and will safeguard the interests of the parties.  Your civil-law notary or candidate civil-law notary will be pleased to draw up the written contract of sale for the parties.

It is advisable for you, as the buyer, to check before the purchase whether there are special obligations that will require you – as the buyer and future owner – to do something, or, rather, not to do something.  Examples of this are that you must regularly maintain your garden, that the neighbor will be allowed to use your garden to go to the public road, or that you may not keep pets other than cats and dogs on your lot.

After the contract of sale has been concluded, legal transfer will have to take place.  You need to go to the civil-law notary for this, who, by law, is the only one who can take care of the transfer.  The civil-law notary or candidate civil-law notary will draw up the deed of transfer.  If the purchase is financed by a mortgage loan, the mortgage deed will be drawn up as well.  The deed of transfer will be signed by the seller, the buyer and the civil-law notary.  The mortgage deed will be signed by the mortgagor (being the buyer), the mortgagee (usually a bank), and the civil-law notary.

The civil-law notary then provides for entry of a copy of the deed(s) in the public registers of the Land Registry in order to effect the intended legal consequences.

Costs

Costs are involved in buying a house or land.  Beside the purchase price, the civil-law notary will also charge you other costs, such as:

– transfer tax;
– cadastral charges;
– the civil-law notary’s fee.

The civil-law notary or candidate civil-law notary will draw up a closing statement, which will give you an overview of the total costs in connection with the purchase and possible mortgage.  These are normally payable by the purchaser, but the contract of sale may depart from this, and the costs may be payable in part by the seller.