Deed of delivery

Ownership of a house or apartment passes from the seller to the buyer by a notarized deed of transfer. This is also known as a deed of transfer. A deed of transfer is made by the notary and signed by the parties and the notary (the "passing" of the deed).

You don't become the owner of a house overnight. We check in advance that the seller is the owner of the house and that the seller is competent. For example, he is not under guardianship. We also check whether all the details of the house and the plot have been properly described. Whether there are obligations attached to your new house, for example whether you have to grant right of way over your property to the neighbor. We also check whether the seller and the buyer have fulfilled the obligations in the purchase agreement. For example, that the seller delivers the house without mortgage or attachment and whether the purchase price with additional costs has been deposited on time by the bank or buyer into our quality account (a protected bank account).

Registration with the land registry

A buyer is not the owner even after signing the deed. You don't really own the house until the deed of transfer is registered with the land registry. Land registry entries are public, so anyone can inquire whose name a particular house is in.

Only when the land registry shows that the registration has succeeded can the seller be paid through the notary.

The seller receives the purchase price, after deducting the repayment of any mortgages, once it is certain that he too has fulfilled his obligation. A house must be transferred free of mortgages and/or encumbrances. We check this of course. In principle, payment takes place two working days after the signing of the deed of transfer (and any mortgage deed).

In making payment, the notary is bound by laws and regulations. This includes the following:

To whom may the notary make payments?

The notary transfers the money to the seller's own bank account. The notary may also transfer the money to an and/or account if that account is also in the seller's name. The notary may not transfer the money to sellers of a property in a different proportion than they were owners. Only if sellers have agreed in writing in the context of a divorce or divorce that payment should be made differently, the notary may cooperate.

To whom may the notary not make payments?

The notary may not transfer the money to others. This means that the notary may not make payments to a car dealer, for example, or to Comfortcard or VISA because a credit needs to be repaid.

Only if the bank requires with the mortgage that the note or repayment of a loan must be paid from the mortgage funds may the notary pay the money to them.

Are there exceptions? Yes, in some cases the notary may indeed transfer money to others. Examples are:

• repayment of the mortgage to the bank;
• the note of the broker, appraiser and mortgage broker.

Want more information? Get in touch with us. We will be happy to help you.

Want more information or have questions? If so, please contact us.

We are happy to help.