Buying or selling a house with the notary in Ghent
Verschaffel & Callens, associated notaries in Ghent, draws up the notarial deed for the purchase and sale of a home. Want to buy or sell a home? Then you work with a notary: a notarial deed is required for the purchase of a home.
What does the notary do when you buy a house?
The notary draws up the notarial deed of your purchase and carries out all searches beforehand for a legally secure purchase. According to notaris.be, the notarial deed is an authentic deed: a deed the notary draws up personally. When a home is bought, the notary executes the deed together with the buyer and the seller. The searches therefore come before the deed.
The Legal Certainty Office, formerly the mortgage registry, only registers a notarial deed. A sale agreement on its own is therefore not enough: only the notary’s deed qualifies for registration. Registration makes the purchase enforceable against third parties, including people who are not party to the deed.
During the searches, the notary checks what is registered against the property, such as a mortgage or a planning breach. The notary carries out these checks before executing the deed, so that the purchase is legally secure. Buyer and seller are each free to choose their own notary.
What does the notary do when you sell a house?
Private sale
When you sell your house, the notary draws up the deed of sale, and you choose whether to sell privately or by public sale. So you choose between two ways of selling your house.
Private sale
According to notaris.be, in a private sale you enter into an agreement directly with the buyer. The sale starts with a sale agreement. The notary then executes the deed of sale. You therefore agree the terms directly with the buyer.
Public sale
In a public sale, buyers bid against each other. The notary awards the home to the highest bidder. This sale also takes place online via Biddit.
How does buying a home work, from sale agreement to deed?
A purchase through a private sale takes four steps: sale agreement, searches, deed and registration.
- 1
Sale agreement
The sale agreement (compromis) is the private contract of sale. According to notaris.be, it is binding as soon as buyer and seller agree on the price and the property, and it is not provisional. Its full content is included in the deed. It is advisable to have a professional draw up or review the agreement, but this is not compulsory. A condition precedent is an uncertain future event on which the agreement depends.
- 2
Searches
The notary examines the property and checks what is registered against it, such as a mortgage or a planning breach.
- 3
Deed
The notary draws up the deed and the buyer and seller sign it. This is called executing the deed. The deed takes over the full content of the sale agreement.
- 4
Registration
The deed is then registered at the Legal Certainty Office. Registration makes the purchase enforceable against third parties.
In a public sale there is no cooling-off period and there are no conditions precedent: every bid is binding. Anyone who bids at a public sale is therefore bound immediately.
Where can you calculate the costs of a purchase?
When you buy, you pay more than the purchase price, including deed costs, and you calculate these with the calculator on notaris.be. Deed costs are the costs of the notarial deed. This page does not list any amounts. If you want to know the costs of a purchase, use the calculator. The federation of notaries provides the calculator on notaris.be.
Legal framework
What is a mortgage deed?
According to notaris.be, most buyers opt for a mortgage loan. In addition to the deed of purchase, you then often need a mortgage deed.
A loan deed is the alternative: the bank then pays out the full amount in one go.
- Mortgage
- A mortgage is a right over your home that gives the bank security. With a mortgage loan, your home is therefore the bank’s collateral.
- Borrower
- The borrower is the person who borrows the money.
Where can you find a home for sale?
The notaries’ property listings are on immo.notaris.be. That is where you find homes for sale. Once you have found a home, the sale agreement follows, and then the deed at the notary. The four steps of a purchase are set out above.
Legal framework
Which other deeds relate to property?
Besides a purchase or sale, there are deeds for long leases, building rights and the master deed for co-ownership.
Long lease (emphyteusis)
According to notaris.be, a long lease is the right to full enjoyment of another person’s immovable property for a fixed period. The leaseholder is the person who holds that right.
Building right
A building right is the right to own buildings or plantings on another person’s land, also for a fixed period. The holder of the building right is the person who holds that right.
Master deed for co-ownership
A question about your situation?
Each step requires a different deed or declaration, and the notary explains which one you need. On the contact page you will find the email addresses of notary Pierre Verschaffel and notary Ward Callens. More information about inheritance is available on notaris.be. Send the office a message and ask for advice.