What Does a Notary Do During the Purchase of a Home?

Buying a home involves many steps, and one of the mandatory ones is hiring a notary. But what exactly does a notary do during the purchase process? Below, you’ll find an overview of the key tasks performed by the notary when you’re buying a property.

1. Preparing the Mortgage Deed

The notary drafts the mortgage deed, which establishes that the property serves as collateral for the loan you take out with the bank. To do this, the notary obtains the necessary documents from the lender and the seller. The notary then ensures that this deed is registered with the Land Registry. This is a crucial step, as only notaries are authorized to carry out this registration.

2. Preparing the Deed of Transfer

Also known as the transport deed, this document records the transfer of the property, including all agreements made between the buyer and the seller. The notary checks the accuracy of all the details and adds any necessary information to ensure both parties are legally protected. The deed of transfer typically includes:

• Details of the property as recorded in the Land Registry.

• Details of the new owner.

• The purchase agreement, including price, terms, and any contingencies.

• Information about the transfer tax paid by you as the buyer.

• Any specific easements or restrictions.

This deed is only signed after the three-day statutory cooling-off period has passed.

3. Behind the Scenes: Additional Tasks

In addition to preparing the deeds, the notary performs various other tasks that are less visible but essential for a smooth transfer:

• Requesting information from the lender.

• Verifying the correct description of the property and the parcel.

• Collecting personal data of the buyer and seller from the Personal Records Database.

• Checking whether the property is subject to liens, divorces, or bankruptcies.

• Overseeing the payment process and ensuring it has been completed in full.

4. Notary Costs and Selection

As the buyer, you are responsible for hiring the notary and typically cover the costs, which range from €1,000 to €1,500. It’s wise to request and compare multiple quotes so that you can make an informed choice.

The notary plays a vital role in the home-buying process by ensuring all legal aspects are properly handled and that both buyer and seller are protected. Do you have questions about the buying process or need help choosing a notary? At KIJCK. Makelaars, we’re ready to guide you every step of the way.