Why go to the civil-law notary?
Are you buying a house? Then you should consider the following. Buyers easily sign a purchase contract. They often do so without having their financial possibilities and legal position investigated.
In order to properly guide the entire transaction, the law decrees that there has to be a notarial deed of transfer. This deed protects both the seller and the buyer. With this deed, both parties are fully aware of the legal actions they take. And of the consequences of these actions.
Marks Wachters notarissen
Marks Wachters notarissen can guide you through the following issues in the areas of both private and commercial estate. We have an experienced staff that can help you with very diverse issues concerning real estate. Some areas shall be briefly explained in the following.
In the purchase contract, the seller and the buyer record that the house shall be the property of the buyer, under certain conditions, against a certain price and on an agreed date. The seller also has to give information about the house. On the other hand, the buyer has to specify how he wants to use the house.
Deed of transfer
Just buying the house does not make you an owner. This requires the transfer of the house. This is done by notarial deed of transfer. In drawing up the deed of transfer, among others we thoroughly investigate whether the seller is legally entitled to sell the house. We also investigate any obligations that may be attached to the property. We ensure that both the seller and the buyer comply with their obligations for the transfer of the house, and check that the seller transfers the house free of mortgage or attachment and that the buyer deposits the purchase price on time. The deed of transfer then has to be registered in the public registers of the Land Registry Office. Only then has the ownership of the house been transferred from the seller to the buyer.
A building is divided into apartment rights in a notarial deed of division. Any agreements on the use, the management and the maintenance of the common areas can be found in the property division regulations that form part of the deed of division, and in possible bylaws. If an apartment right is transferred, there are specific areas of attention. We can inform you in detail about these. This also applies if you are buying a new house.
Deed of mortgage
Most buyers need financing to buy a house. The bank on the other hand requires security, in the form of a right of mortgage. This entitles the bank, if you do not comply with your obligations, as a last resort to sell the house and use the proceeds for payment of the debt. This requires a notarial deed of mortgage. To draw up such a deed, we check if all requirements imposed by the bank have been complied with, so that you can have the money.