Buying property in Europe

The purchase and sale of immovable property (also known as real estate or real property) is a complex process. Banks will only agree to a mortgage once a person has become the actual owner of the house or flat. However, the seller will be willing to transfer title to the property concerned only if s/he is certain of getting his/her money. Furthermore, the purchase price of the property must be transferred from one bank to another without complications.

The notary or junior notary is the hub of the entire process. S/He guides the seller and buyer and ensures that all agreements are formally recorded. This involves the following documents:

• Contracts of sale and purchase setting out the terms agreed between the buyer and seller about price, date and any conditions subsequent; seller and buyer can draw up this contract themselves, in most cases they arrange for their estate agent (realtor) to do this. Notaries also draw up contracts of sale.
• Deeds of transfer/conveyance of title; the buyer, seller and notary sign the deed of transfer of title (the contents of the deed are taken from the contract of sale and purchase) at the notary’s office, after which the keys are handed over. However the buyer becomes entitled to call himself the owner of the property only when the deed of transfer of title has been entered in the land register.
• Mortgage deeds recording that a property serves as collateral for a mortgage provided by a bank.

The buyer (for a residential property and the buyer is a private party) will have the right to cancel this contract of sale during a period of three days after a copy of this contract of sale has been supplied to the buyer.

This sale and purchase can be terminated if the financial conditions are not fulfilled, and this is laid down in the contract.