During the final inspection, shortly before the transfer, you check whether the home is being handed over as agreed. You then sign the deed of transfer at the notary and, if you are using a mortgage, the mortgage deed. You usually receive the keys around the time of signing, but legally the transfer of ownership is only complete once the deed of transfer has been registered with the Kadaster.
What happens during the final inspection?
The final inspection usually takes place shortly before the appointment at the notary. You walk through the home with the seller and often one or both estate agents. This is not a new structural survey. You compare the home with its condition when you bought it and with the agreements in the purchase agreement and the list of items.
Pay particular attention to the following:
- Has any new damage occurred since the purchase, such as a leak, broken window or damaged floor?
- Have the agreed repairs been completed?
- Are the items you agreed to take over still present?
- Have the items the seller agreed to take with them actually been removed?
- Are the home, storage room, garage and other spaces empty if that was agreed?
- Are basic facilities such as taps, toilets and lighting still working?
- Are all keys, remote controls and access devices available?
Use the purchase agreement, the list of items and any written repair agreements as a checklist. Do not rely only on what you remember from the viewing.
Recording meter readings
During the inspection, record the electricity, water and, if present, gas meter readings. Preferably also check the meter numbers. Take photos that clearly show both the meter reading and the number. This gives you evidence of the readings at the time of transfer.
Write the readings on the inspection form and make sure the buyer and seller use the same information. You can then pass them on to the relevant energy and water suppliers. How and when you need to do this varies by supplier.
What if the home is not handed over as agreed?
Record any discrepancy immediately on the inspection form and take photos. Discuss the issue with the seller, the estate agents and the notary before signing. Do not simply go ahead and sign on the assumption that the issue will resolve itself later.
The right solution depends on the problem and the agreements in the purchase agreement. Possible arrangements include:
- the seller repairs the defect within an agreed period;
- the seller pays an agreed amount of compensation;
- the buyer and seller agree that an appropriate amount will temporarily remain in escrow with the notary.
You cannot decide on your own to withhold an arbitrary part of the purchase price. For an escrow arrangement, the buyer and seller must agree and the notary must be able to implement the arrangement. In the event of serious damage or disagreement, the legally and practically appropriate next step must be assessed before signing.
What should you check before the appointment at the notary?
You will generally receive draft deeds and a statement of settlement in advance. Do not wait until you are at the notary's office to review these documents. Check your name, address details, the description of the home, the purchase price and the transfer date. Also check whether any agreements and special rights or obligations have been recorded correctly.
The statement of settlement shows which amount will be paid through the notary and which amount you still need to transfer yourself. For example, it may include:
- the purchase price;
- notary and Kadaster fees;
- transfer tax, if payable;
- the settlement of certain property-related charges;
- a deposit paid earlier;
- fees charged by the service providers involved, if these are settled through the notary.
Check every item and report any errors before the transfer. The mortgage lender transfers the borrowed amount to the notary. The amount you need to pay yourself must reach the notary's account on time. Also bring valid identification and check in advance how the home is insured against structural damage from the transfer date. If you are buying an apartment, there may be a joint insurance policy through the VvE.
What do you sign at the notary?
The notary discusses the main parts of the deed of transfer, also known as the conveyance deed. Among other things, this deed states which home is being transferred, who the parties are and which rights, charges and agreements apply to the transfer. The deed of transfer is signed by you, the seller and the notary. Under certain conditions, both you as the buyer and the seller can be represented by someone else. Discuss this with the notary in good time.
If you are financing the purchase with a mortgage, you also sign the mortgage deed. This grants the lender a mortgage right over the home as security for the loan. The mortgage deed is therefore not about the purchase agreements with the seller, but about the security provided to your lender.
Ask for an explanation if a provision is unclear. The notary is independent and should explain the legal consequences of the deeds to both parties.
When do you become the owner and receive the keys?
After signing, the notary submits a copy of the deed of transfer to the Kadaster. The notarised deed of transfer and its registration in the public registers are both required for the legal transfer of ownership. Legally, simply signing the deed or receiving the keys is not the whole story.
In practice, the keys are usually handed over at or around the time of signing. The point from which you bear the risk of damage to the home depends partly on the purchase agreement and any additional arrangements. Therefore, do not automatically assume there is one universal moment if the handover of the keys differs from the agreed transfer date.
When does the seller receive the money?
The purchase price and other amounts pass through the notary's third-party funds account. Once the deed has been registered, the notary receives confirmation. The notary then checks again whether there are any registrations that could prevent the transfer. If everything is correct, the notary pays the seller and other entitled parties, such as the seller's mortgage lender.
You do not need to arrange the registration, final check or payment yourself. Your main tasks are to inspect the home carefully, report any discrepancies immediately, review the deeds and statement of settlement in advance, and make sure your own payment and documents are arranged on time.
