Knowing all the points that a real estate deed of sale must contain is essential before concluding the contract to purchase a home. RealAdvisor explains all the compulsory elements and everything that both buyer and seller must check before the final signature at the notary's office.
The contract of sale of a property is an official document drawn up and recorded by a notary, otherwise it has no legal value. It involves several mandatory documents in order to sell a house or a flat. As a minimum, the sales contract must contain the following elements:
Beyond the legal elements, remember that a contract of sale is an impartial document. In other words, it represents the interests, rights and duties of both the seller and the buyer. Both parties must be equally involved.
Selling a house is as binding as buying one. In order to ensure that the sale contract is validated by the notary and that your buyer does not fail you:
The seller may offer you a staggered sale, particularly if he has to sell the property to buy another. This procedure allows him to claim a new mortgage. For you, this is not a problem as long as everything is written down in the deed of sale.
How to sell your flat or house is not just a question of price or speed. With a real estate broker, you are guided and advised throughout the entire process, from the listing or viewing of a property to the signing of the notarial deeds.
In Switzerland, not quite. After the contract has been signed, the payment must of course be made, but also your entry in the Land Register as the new owner must be validated. Only when this last step is completed do you become the full and official owner of the property.
It is quite common for the sale of an off-plan flat to require you to sign what is known as a 'reservation contract' or a 'promise to purchase'. If this contract is not authenticated by a notary, it has no legal value. You can ultimately retract and not buy the property in the same way that the seller can decide not to sell it to you. To avoid this kind of situation, always work with a real estate professional.
In Switzerland, it depends on where you are located, as the notary's office does not follow unified rules throughout the country. The sale and purchase of real estate in the cantons of Schaffhausen and Zurich requires the choice of an "official notary" who is a state official. In the other cantons, the services of a "free notary's office" can be used.