Deed of Transfer

The key points at a glance

The deed of transfer (akte van levering) is drawn up by a notary and transfers ownership of a home. It is also registered with the Kadaster (the Dutch land registry). You go to the notary to sign the deed of transfer together with the selling party. The selling party can choose to grant power of attorney to a notary employee, allowing that person to sign the deed on their behalf. The deed of transfer is also known as the overdrachtsakte or transportakte. Before you get to that stage, you will of course want to know which home you can afford: calculate how much you can borrow.

1. Signing the deed of transfer

Signing the deed of transfer is what actually brings about the transfer of ownership. The contents of the deed must match the purchase agreement that was signed earlier, in order to confirm it. Any gaps in the deed will be caught as early as possible by the notary, who may invite relevant third parties and advisers to help resolve them.

If the purchase agreement and the deed of transfer do not match, you must flag this immediately. If you are already at the notary when you notice a discrepancy, you can sign "under protest". The ownership transfer based on the deed of transfer is complete once the notary has registered a copy with the Kadaster and the public registers.

2. The notary's work for the deed of transfer

The notary prepares the deed of transfer by carrying out a number of tasks. For example, the notary will investigate the seller's authority to transfer and ensure that both the seller and the buyer meet the obligations set out in the purchase agreement in connection with the transfer. The notary will also verify that the seller delivers the home as agreed and that the buyer pays the purchase price on time. In addition, you are entitled to do one final inspection of the home before signing the deed of transfer. During this visit you can check that the home is being delivered exactly as agreed.

The notary's tasks when drawing up the deed of transfer include examining the seller's title deed to establish how ownership was acquired. The notary may also decide to carry out further research in the Kadaster, or proceed directly with a check at the Kadaster regarding the registration of the property in the seller's name. The notary can then, if needed, draw up a purchase agreement and verify the identity of the buyer or seller. A notary may also investigate the marital status and any relevant personal circumstances of the parties.

3. Drawing up the deed of transfer

The notary will then actually draw up the deed of transfer and explain the consequences of the transfer. Among other things, the notary will oversee payment of the agreed deposit and will send settlement statements to both buyer and seller in good time, showing details such as the purchase price. In this way the notary handles not only the preparation of the deed of transfer but also provides guidance throughout the process.

4. Details in the deed of transfer

The deed of transfer contains the following details:

• Personal details of the buyer(s) and seller(s).
• Address, municipality, and Kadaster details of the property.
• Title of acquisition, meaning a reference to the transport deed confirming that the seller is the owner of the property.
• Title of transfer, which indicates the legal relationship. In cases of inheritance, this is called a title of succession.
• Purchase price and proof of payment, which establishes the right of ownership unconditionally.
• Consent of a partner to the sale, in the case of a jointly owned property.
• Authority to manage, in the case of a marriage in community of property between the sellers.

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