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Sign the notarial deed

Buying a home is an exciting event. The preliminary sales agreement or the 'compromise' may be the basisform for the notarial deed, the latter is no less important because of it. Only through a notarial deed does the buyer enjoy protection  and the certainty  that his purchase is protected against claims from third parties.

Often owner by deed

A sale is concluded when the buyer and seller agree on the object and the price of the purchase. In principle, a sales agreement (or compromise) can be concluded orally. However, the provisional sales agreement or simply the 'compromise' is necessary for proof. Are you then the owner as soon as you have signed the sales agreement? Often not. In practice, the transfer of ownership is 'postponed' until the signing of the notarial deed.


Not just a matter for the parties

Why is there another authentic deed if you are already presented with a sales agreement? A sales contract is primarily the business of the parties. The consequences of the sale only work between the salesper and buyer. And yet third parties - the outside world - must also recognize and respect the existence of the sales agreement. To ensure that third parties have knowledge of the sale of the property wit is always transcribed in the registers of the Legal Security Office (the former 'mortgage office'). You can't do that with a sales agreement. The transfer is only possible with a notarial deed of sale. Therefore,  je may include “conditions precedent” in a sales agreement. It is not the sales agreement, but the notarial deed that is transcribed in the registers of the Legal Certainty office.


Importance of the transfer

The transfer is, as it were, a “flicker moment”. From that moment on, the real estate becomes part of the buyer's assets in the eyes of third parties. There is a “need to know”. Any third party, including those who were actually unaware of the sale, must respect the sale. As a buyer, you can count on it from that moment on that your purchase is protected. Does the seller have creditors? Then they will also have to accept from the transfer that the property is no longer in their assets. Seizing won't work anymore.

Let's look at it with an example:

A buyer buys a home that has already been sold to someone else. You can't blame the second buyer if he wasn't aware of anything. It was difficult for the second buyer to take the first buyer into account if he had no idea that the property had already been sold. Who will have priority if two buyers buy the same property? The buyer whose notarial deed was transferred first has priority. If the second purchaser knew nothing about it and bought it in good faith, the date of the compromise is irrelevant. It is the registration of the notarial deed that protects a buyer!

Executable title

It is important that an authentic notarial deed constitutes an enforceable title, unlike a private contract. Someone with an executable title can   enforce the terms of the agreement without going to court first. All this does not detract from the importance of a complete and clear sales agreement. After all, the compromise serves as the basis for the notarial deed.

Frame a purchase in your life

The notary plays an important advisory role in the purchase of your home. And advice is needed, because the legislation is complex. There are numerous urban planning and tax rules that you have to take into account. TheFor example, the civil-law notary can check whether you can benefit from a favorable tax rate. This has an immediate impact on your budget. Understanding the complexity of the legislation and formulating the right terms in the sales agreement is one of the regular tasks of a notary. But the notary's advice does not only relate to what is stated in your notarial deed. For example, have you already thought about the impact of the purchase on your family life? About what happens to the house if one of you dies? Buying a home is future-oriented thinking. The civil-law notary will take a look at the future with you and your possible partner.


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