“The Legal Steps of Real Estate Purchase.”

1. Financing Research

Loan pre-approval:

Consult different banks to obtain a mortgage pre-approval. This involves providing information about your income, debts, and assets so that the bank can assess your borrowing capacity. This step gives you a clear idea of the budget to allocate for your purchase and strengthens your profile with sellers.

Preliminary contract

Signing the preliminary sales agreement

This document binds the buyer and seller subject to certain conditions, such as obtaining a loan. It specifies the conditions of the sale: price, property description, anticipated date of sale, and suspensive conditions (such as obtaining a mortgage or absence of easements). A deposit, often between 5% and 10% of the sale price, is typically paid at this stage.

Legal review:

It is recommended to have the preliminary agreement reviewed by a notary or lawyer to ensure that it does not contain unfavorable clauses.

3. Cooling-off period

Legal period of 10 days

After signing the preliminary sales agreement, the buyer has a legal 10-day cooling-off period during which they can withdraw from the agreement without providing a reason and without penalties. This period begins the day after the agreement is notified to the buyer. If the buyer decides to withdraw, they must send a registered letter with acknowledgment of receipt to the seller to formalize their withdrawal.

4. Obtaining financing

Mortgage approval

After signing the preliminary agreement, submit your final mortgage application to the bank. This includes providing additional documents such as the signed preliminary sales agreement, bank statements, tax assessments, and salary slips.

Loan offer

If your application is accepted, the bank will send you a loan offer detailing the conditions (interest rate, duration, monthly payments). You have a mandatory reflection period of 10 days before accepting the offer.

5. Deed of Sale

Preparation by the notary :

The notary verifies the necessary documents, including the property title, mandatory surveys, and the absence of unpaid easements or mortgages.

Signing the deed of sale

The parties meet at the notary’s office to sign the final deed of sale. At this stage, the buyer pays the remaining purchase price, often using funds from the mortgage loan. The notary authenticates the deed, formalizing the transfer of ownership.

Notary fees :

The buyer also pays the notary fees, which include taxes and the notary’s fees.

6. Handing Over of the Keys

Conclusion of the sale :

After signing the deed of sale and transferring the funds, the buyer receives the keys to the property. The notary then registers the deed of sale with the land registry office, thereby finalizing the transaction.

Registration and post-sale formalities

The notary registers the sale with the tax authorities and provides you with a copy of the finalized deed of sale after registration.

Conclusion :

Navigating through these legal steps with care and diligence ensures a secure real estate purchase that complies with the law. It is often beneficial to be accompanied by professionals such as notaries and real estate lawyers to ensure that all steps are properly followed and your interests are protected.

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