The transfer at the notaris: what actually happens

On the day of the transfer you first walk through the house with the seller, and then sign at the notaris. You become the owner once the Kadaster has registered the deed, and you usually get the keys right after signing. The appointment only goes ahead if your money is in the notaris account and you have valid ID with you.

This is about an existing home. If you buy new-build, the seller often picks the notaris and you pay a construction sum on top of the purchase price. In that case read on in the new-build checklist and the 5% retention.

The day itself, from inspection to keys

1. The final inspection, well before the appointment at the notaris. You walk through the house with the seller or your estate agent. Is the condition as agreed, does the list of movable items match, and what are the readings on the energy and water meters? Agree with your agent who writes those readings down. Leave room before the appointment, because if something is wrong you still want to be able to call. What to check in detail is in the final inspection.

2. Signing at the notaris. You sign the deed of transfer, and if you are buying with a mortgage the mortgage deed after that. Buying together means you both sign. The seller and your bank sign as well, but usually not in person: they often authorise a member of the notaris office. The appointment normally takes half an hour to an hour. If it goes too fast or something is unclear, say so right away.

The seller and the estate agent leave as soon as the deed of transfer is signed. You stay on for the mortgage deed and, if you are having them drawn up at the same appointment, a cohabitation contract or a will. So plan your movers, a delivery or a contractor well after the appointment at the notaris. What else to arrange around that day is in the moving checklist.

3. The deed goes to the Kadaster. Signing does not yet make you the owner. That happens once the Kadaster has registered the deed. The notaris sends it in after the appointment, and the Kadaster registers it immediately. The notice that you are registered as the owner arrives a few weeks later.

4. The keys. When you get the keys is set out in your purchase agreement. In the model that estate agents use that is the day you sign the deed of transfer, unless you agreed something else. Arrange with the seller what time you get them that day.

What has to be ready before that day

Go through these five points before the transfer. Some you arrange yourself, for others you need the bank or the notaris office.

• The money in the notaris account. Your settlement statement shows which part of the purchase price and the costs you transfer yourself. That amount comes out of your own money. Ask your notaris office by which day it has to be in, because every office keeps its own moment for this.
• Your approval of that statement. Check it before you approve, because after that the notaris pays out the items on it. What the deeds cost and how to choose a notaris office is in choosing a notaris.
• The buildings insurance. It has to run from the moment the house is at your risk. In the model purchase agreement that is the signing of the deed of transfer, unless you get the keys earlier. Check which date your own purchase agreement names and pass it to your insurer. What else to arrange is in buildings insurance for your new home.
• The notaris questionnaire returned. They have to establish beforehand what money the house is being paid with, and will often send you a questionnaire about where your money comes from. If that check cannot be completed, they are not allowed to act for you. So send the list back as soon as it arrives.
• ID that is still valid on the day itself. An identity card, driving licence or passport, for each of you. That is how the notaris establishes who is signing. Check the expiry date now.

If one of you cannot be there on the day, discuss that with the notaris in good time. They draw up a power of attorney in advance for whoever is absent. That document has to be ready before the day itself.

Read the deeds at home

Ask the notaris office when you will receive the draft deeds. They arrive shortly before the transfer date. Read them at home and discuss any clause you do not understand with the notaris beforehand. Once you have signed, you are bound to the agreements and obligations in the deed. Before you sign, the notaris can still adjust the text.

The deed of transfer sets out who is buying which home, which agreements from the purchase agreement carry over and which special rights and obligations come with the property. The condition of the house and the removal of any mortgages or attachments of the seller are in it as well. The notaris sometimes calls this deed the title deed.

The mortgage deed is about your loan. It states the amount you borrow, the interest rate, the term, the repayment and the rights your bank gets.

Go through them with these questions:

• Are your name, date of birth and address correct, and those of your co-buyer?
• Do you recognise every agreement from your purchase agreement?
• Are there special rights or obligations in there that you do not know about?
• Do the loan amount, the interest rate, the term and the repayment match what you agreed?

Who to call if something is wrong

Take a question about the money to your bank or your mortgage adviser. For a question about the house, call your estate agent. The notaris office helps you with the deeds and the appointment.

Call the notaris office straight away if your ID has expired or is still at home, or if the money has not yet reached the notaris account. The appointment can only go ahead with valid ID and the money in that account.

If the final inspection turns up a defect, report it to your estate agent before signing and let the notaris office know that something is going on. Whether the transfer moves as a result is something you and the seller agree between you.

If your financing does not come through, that runs via the agreements in your purchase agreement. The notaris is impartial and is not on your side if a dispute with the seller arises.