What happens after the buyer and seller sign the deed of sale.jpg

Once a compromise of sale is reached, the signing of the deed of sale is a necessary formality to validate the transfer. Already committed to the contract terms at the time of the compromise, the two parties ratify their agreement before a notary. The notary public ensures that the sale is conducted in accordance with all laws and regulations. Make sure the seller has a meeting that will result in a sale!

## What is the purpose of the notarial act?

Although involving a notary in the drafting of a preliminary sales agreement is not required, having one present is a necessary part of closing any real estate transaction.

Preliminary sales contracts sent to the Land Registry are not binding until the notaries have registered and transcribed the property. After the deed of sale is signed, each party must receive a copy of the document. It is important to keep this document as proof of a successful property transfer. As the name implies, it can be used to protect oneself in case of a dispute since it is official and authentic.

_"It takes on an official and authentic air, so it can be used to protect oneself in a dispute."_

## When the preliminary sale agreement is signed or when the authentic act is performed, ownership is transferred

Even if the buyer has not met the notary or paid for the property at the time of signing the preliminary sales agreement, he is considered the owner under French law.

However, if the preliminary sales agreement contains one or more suspensive clauses, the buyer does not automatically become the owner as soon as the document is signed. If the financing conditions of the preliminary sales agreement are respected, the buyer becomes the owner as soon as the loan is disbursed, but the transfer is effective on the date of the preliminary sales agreement.

Include a clause in the sales agreement stipulating that the transfer of ownership and usufruct will only take place after the signing of the deed of sale at the notary's office and the payment of the purchase price.

## How does the actual sale deed get signed?

Each time a deed of sale is signed, the notary first reads the entire document to ensure its accuracy. Now is the time to pay close attention so that the deed's provisions accurately reflect the agreements reached previously. At this stage, you can still provide feedback and ask the expert any questions you may have.

It is highly recommended to request the draft deed be sent to the notary in advance of the meeting, giving all parties ample time to review it in peace of mind.

When signing the deed, the buyer is obligated to either pay the full purchase price as stated in the preliminary sales agreement or make a final payment to cover any indemnities already paid.

_"The purchaser shall pay the purchase price set forth in the compromise at the time of the execution of this Deed”._

Usually at this point, the seller hands over the money and the keys, and the buyer is free to move in and start enjoying his new home. A title deed is also provided to the purchaser in the months following the closing of this deed.

What happens after the buyer and seller sign the deed of sale?

What is the importance of signing the sales contract.jpg

While a notary public may not be present during the signing of the preliminary sales agreement, the commitment between the parties is nonetheless legally binding. Specifically, the parties have reached an agreement on the asking price at this time. The owner has the obligation to sell at this price to the buyer who signs the contract. It is strongly suggested that certain clauses be added to protect the signatories and ensure a smooth proceeding.

## What exactly does a compromise sale mean and how much do they cost?

Before scheduling an appointment with the notary, it is recommended, though not required, to have both parties sign the preliminary sales agreement. This will allow for the establishment of a formal agreement between the parties and the precise definition of the conditions of the sale.

This agreement has the force of law and binds the parties to its terms and conditions, including the agreed upon price. Compromise sale is a common French expression meaning that a sales promise is as good as a sale, so it's crucial to understand all the terms of the agreement before committing to them.

## What elements should a provisional sale agreement have?

Preliminary sales agreements can be rendered legally ineffective if they omit any of the required information. We list the names and addresses of all parties involved, a detailed description of the item being sold, the agreed-upon price, and the payment schedule and terms.

## Securing a loan, the almost inevitable cliffhanger

_“In addition, many different clauses are typically added that stipulate various conditions prior to the sale becoming binding”._

The buyer is safeguarded from an otherwise precarious financial situation by the contingent condition of granting a mortgage loan; if he is unable to secure financing, he is under no obligation to complete the purchase. The seller may insert a delay into the process for his own protection in the event that the transaction takes too long to complete. If the duration is left entirely up to the discretion of the individual, a delay of four to six weeks is common.

_"The suspensive condition of granting a mortgage loan safeguards the purchaser from a precarious financial situation; if he is unable to obtain a loan, he is under no further obligation to purchase”._

Please note that unless the parties mutually agree otherwise, the sales contract is binding and cannot be terminated due to the absence of a suspensive clause (obtaining a loan).

## Abandonment of the sale is subject to the penalty clause, which provides compensation

As a precaution against a buyer changing his mind at the last minute after securing financing, it is common practice for sellers to include a penalty clause that requires the buyer to pay an indemnity if the purchase is canceled. This fee is typically equal to ten percent of the sale price plus the commission owed to the selling agent.

Last but not least, the compromise should specify the date on which the keys will be handed over and include a list of all the factors that went into the buyer's decision to buy, including the existence of any easements, the date of entry into possession, and the person who will be responsible for paying the notary's fees and the registration and transcription taxes (typically the buyer). The study also supposedly includes the name of the notary who will oversee the sale and the anticipated date for the signing of the deed.

## Consequences for noncompliance, including the possibility of legal action

The preliminary sales agreement is a valid contract with full legal force. This means that if one party breaches its obligations, the other can seek redress and demand that the breached area be fixed.

The party at fault may be required to pay the amount of the penalty clause when it has been specified in the compromise if the seller no longer wishes to sell his property or if the buyer abandons the purchase. Otherwise, a claim for indemnification will be made, the amount of which will depend on the nature of the damage.

In case you forgot, the withdrawal period does not exist in Luxembourg. When you sign a contract, it shows that you agree to all of the terms and conditions.

What is the importance of signing the sales contract?

New or renovated, triple glazed windows are a must.jpg

There has been a law in place in Luxembourg since January 2017 called the passive standard, which mandates the use of triple glazing in all new buildings. The decision to install triple glazing during home improvements rests solely with the property's owner, who must weigh the benefits against the costs.

## Modifying the woodwork to increase thermal efficiency

Because of climate change, cutting energy costs is becoming increasingly urgent. This entails adding extra layers of insulation wherever it is installed in a house. Fifteen percent to thirty percent of heat is lost through drafty old doors and windows. Due to this, their replacement can greatly enhance insulation. The use of triple glazing is one way to boost efficiency even further. However, the building envelope is not as efficient in older homes as it is in passive housing, so retrofitting is not always the best option.

_"In order to achieve better results, triple glazing is frequently recommended.”_

How different is triple glazing from double?

The gasses argon or krypton are trapped between two 4 mm panes of glass in double glazing. They've improved greatly in insulating ability over the years. Their ability to prevent heat loss is 6 times that of single glazing and 2.5 times that of double glazing from 25 years ago. If you have single glazed windows, you can expect a 40% reduction in heat loss by switching to double glazed windows. When it comes to insulating against the cold, nothing beats the effectiveness of triple glazing.

_"You can expect a 40% reduction in heat loss from your old windows if you upgrade from single to double glazing”._

## Value analysis of triple glazing during renovations

Triple glazing's efficiency is such that it deprives the caloric contribution due to the solar radiation, which is not only very pleasant in the winter but also allows for reduced heating consumption. In addition, its installation adds another 75% to the total cost and necessitates the use of bulky and thick frames. These doubts highlight the need to evaluate the work's potential payoff by factoring in the orientation of the windows and the local climate.

_"Before deciding to install triple glazing, it is important to consider the home's orientation in relation to the sun and the local climate”._

## Triple glazed windows, geographical location and weather conditions

Triple glazing is recommended if the local climate is extremely cold, with long winters and low levels of sunshine. Triple glazing is only necessary on north and east-facing windows in warmer climates. Triple glazing is not cost-effective and may even be counterproductive in places where the weather is consistently warm and sunny. Solar radiation during the off-season can provide enough energy to meet all or most of the heating demands in these areas. Triple-pane windows block out the sunlight that would otherwise provide this benefit, so we must forego them.

_“It may be financially prudent to install triple glazing in some homes while waiting in others”._

## Soundproofing and triple pane windows

In terms of noise reduction, triple glazing is excellent. Homeowners in busy neighborhoods will be keenly interested in this feature (roadside, railroad, proximity of an airport...). One more reason to consider upgrading to triple-pane windows during your next home renovation project.

_"Homeowners in busy areas will prioritize soundproofing their dwellings”._


New or renovated, triple glazed windows are a must

Green spaces in the city, rural oases in the desert.jpg

The longing to have a garden of one's own returns every spring when temperatures rise. Depending on where you plan to plant your roots, the dream of purchasing a house or apartment complete with a garden may be within reach. Relocating away from a major city is often necessary to fulfill the dream of having your own garden, which places limitations that should not be taken lightly.

## City dwellers' ultimate fantasy: a home with a garden

Because of the chaos, pollution, and insecurity of city life, some city dwellers opt to relocate to the suburbs. The allure of a house with a garden in a picturesque setting is tempered by the reality that it is not cheap to settle down there, especially in the inner suburbs. If you're willing to move a little further away from your desired location and into a market with less competition, you may have an easier time locating a property of this kind.

_“Some city dwellers move to the suburbs to get away from the traffic, pollution, and crime of the city”._

## Distances that can add up in cost

If the buyer decides to settle in the country, he or she will likely incur significant transportation costs and time commitments getting to and from work. Some people will say that they are willing to pay this price for peace and quiet, and that they would never want to return to their old life in the city. However, for some, the novelty wears off quickly, and what started out as a pleasant vision of a rural garden becomes a burdensome reality. Having a car is optional in the city but becomes necessary once you move out to the suburbs or rural areas, unless you want to rely on inconvenient and time-consuming public transportation. The time and money spent on such travel must be considered...

## A garden-style apartment

Some apartments on the ground floor, some of which include a private garden, can stand in for a house. The buyer has free rein to design the garden however he likes, provided he abides by any applicable co-ownership regulations. The apartment is more valuable because of the garden, but it is also more likely to be broken into because of its ground-floor location. This criterion, the significance of which varies by industry, should be taken into account during bargaining. As the garden may have been illegally attached to the apartment, the buyer should verify that the seller is the legal owner of the space. The title deed is the only document that can prove the seller is the legal owner of the tiny park.

_“Apartments on the ground floor, preferably with a private garden, can stand in for a house”._

## An oasis of greenery in the middle of a concrete jungle

A small patch of greenery is a rarity in the heart of a big city or a historic district. Apartments with outdoor space, like a garden or terrace, are a hot commodity in some major cities, attracting the attention of prestige real estate firms. There are wealthy, dedicated garden lovers who join waiting lists in the hopes of one day owning the coveted property. The average person can't afford these exceptional apartments and will have to look elsewhere to fulfill their desire for a garden.

Green spaces in the city, rural oases in the desert

A secure place to park your vehicle.jpg

Only those who do not have access to a private garage near their residence can appreciate the great value of such a facility. A garage, whether owned or rented, can be a convenient convenience for city dwellers, but it can also be put to other uses, such as housing extra storage space. Investors are drawn to the industry due to its high profitability and low management complexity.

## Parking spot in a city

Having the option to buy or rent a garage or storage unit is a welcome amenity in urban areas where parking is limited and expensive. Street parking can be a hassle in some areas, and wasting 15 minutes every night searching for a spot can get old fast. Parking tickets have a habit of disappearing under the windshield wipers in these areas. Another reason to buy or rent a garage is to protect one's vehicle from the possibility of being broken into or vandalized.

One more reason to own or lease a garage is to protect your vehicle from vandalism and theft.

_“Spending 15 minutes a night driving around aimlessly in search of a parking spot can get old fast”._

## Parking space options: buy or lease

Garages are highly desirable in older communities because they date back to a time when personal automobile ownership was still a novelty. In these areas, the cost of buying or renting a garage is proportional to the parking difficulties residents face. Buying a garage appears to be the most convenient and financially rewarding option if you intend to remain in the area for an extended period of time. The risks of depreciation of your investment are minimal unless society undergoes a dramatic shift and the automobile is abolished in the city. However, renting seems like a better option if you need to relocate quickly.

_“The parking issues in these areas directly affect the cost of buying or renting a garage”._

## One option for stowing away items is the garage

In recent years, storage facilities have sprung up on the outskirts of cities as a solution to the housing crisis. Many people, realizing that garages can serve as additional storage space, opt to lease such spaces for their surplus belongings. There are benefits to this solution, but a garage isn't always an adequate substitute. Forget about using it to store anything that could be damaged by exposure to moisture, as it lacks heating. Nonetheless, if you need somewhere to keep your windsurfing or camping gear, a garage is clearly not the best option. Garage rentals are typically more cost-effective than storage space rentals, but only if the rent is proportional to the garage's storage capacity.

_“The solution has its advantages, but a garage isn't always suitable as a bedroom”._

## A potentially lucrative rental property: the garage

Garages and storage units are inexpensive to buy, have high rental demand, fetch high rents, and require little in the way of upkeep. Due to its unique characteristics, this investment property is highly appealing as a rental. Since the cost to acquire the property is lower than that of a typical apartment, novice investors can also participate in this market. They need to look for garages in high-traffic, low-parking areas. Large vehicles, such as 4x4s, are becoming more common in the city, but it can be difficult to find parking spots that are big enough to accommodate them. This is why garages and boxes with ample surface and height are preferred.

_“Garages and storage lockers are inexpensive to purchase, there is high demand from renters, rental rates are high, and upkeep is minimal”._

Is the garage a safe place to park your vehicle?

A small balcony with big potential.jpg

Even if the balcony isn't counted as part of the apartment's square footage, it can still add significantly to the home's livability and appeal. If you're looking to buy or lease a home in the near future, this tiny area should be high on your priority list.

## The balcony, a small space with big potential

The balcony, which is rarely used to its full potential, presents exciting new avenues for growth, particularly in urban settings where it can introduce a touch of nature to the lives of city dwellers. It can be converted into a real miniature garden, complete with flower and vegetable plantings, for very little money. When closed, it transforms into a loggia, which is like a real living room in that it can be used year-round.

_“Creative use of the balcony's space is encouraged”._

## Overlooking the street on a balcony with great exposure

A balcony's usability depends on whether or not it receives adequate sunlight. It's simple to foresee how a south-facing balcony, which receives sunlight for the majority of the day, would be preferable to a north-facing balcony, which would be in the shade for most of the day. On the other hand, orientation isn't the only thing a buyer should look at. He should also make sure the sun can shine through. Even if your balcony faces south or west, its light may be blocked by a nearby building, wall, tree, etc. in a city. Check that your lovely balcony isn't shaded by going to the apartment multiple times under varying weather conditions if you're worried about it.

_“A balcony is only useful if it receives direct sunlight; otherwise, you might as well not have one”._

## A hidden balcony with a beautiful view

Your future miniature garden will benefit greatly from a higher floor and a nice view, but these factors also increase the cost. The balcony's usability will be diminished if it faces an unappealing view, but the situation is not hopeless. There are methods to conceal one's identity. Woven bamboo panels are more durable than the traditional straw or wood cane that is often used for privacy. The versatility of bamboo allows for a wide range of applications. They will make a lovely green screen when planted in large decorative pots. Climbing plants supported by trellises can be just as effective. Awnings, pergolas, and even simple parasols can be installed for additional protection from the sun and prying eyes.

It's true that the balcony won't be as appealing if there's a distracting view, but that doesn't mean it's useless.

## It's loggia time when the balcony transforms!

If windows or bay windows are installed to completely enclose the balcony on both ends, it is transformed into a loggia. The transformation creates the impression of a small veranda, a true additional room that can be used throughout the year. By installing sliding glass panels, you can enjoy a space that feels like a classic balcony in the summer and a closed veranda in the winter. The apartment's loggia isn't included in the square footage, but it can function as if it were, thanks to its proximity to the main living area and abundance of windows.

_“Even though it is not technically part of the apartment, the loggia can be used as a spare bedroom if needed”._

Become familiar with the condo association's regulations
To help you visualize what you could do with your future apartment, you should ignore its current purpose when you visit it. Confirm that the proposed alterations are permitted by the condominium's bylaws before moving forward with your plans.

A small balcony with big potential

Is the cave an advantage or a hindrance to your quality of life.jpg

Both apartments and houses may have cellars for their occupants to use for stowing away items they won't need right away. When you go there, try to picture it in your mind as clearly as possible so you'll know whether or not it will be helpful to you.

## A useful place to keep things

Nothing beats a private, easily accessible cellar for storing out-of-season clothing, garden furniture you want to keep from the elements in the winter, or sentimental items that tend to clutter up your living space.

This item has the potential to sway your decision about which home to rent or purchase. In addition, the service is used by the landlord or the seller to logically raise the rent or sale price of the property.

These days, cellars can be found in only a small percentage of homes, and that percentage is steadily declining. Those who are desperate for one may have trouble finding one. However, there are instances where this feature becomes problematic, which is why it has been phased out of new construction.

_“The Cellar: Exclusive Use Private Storage"_

## Humidity and energy loss concerns in basements

Cellars are notoriously humid, despite their apparent functionality and practicality. The basement is often the source of capillary rise or mold on the floors because it is less well insulated than the living rooms.

Basements are especially vulnerable to flooding. As a result of this type of water intrusion, not only is the first floor ruined, but also the basement.

It's important to make sure a basement is dry before purchasing a home with one (or consider doing it yourself afterwards). Use a hygrometer to assess the humidity level; for optimal preservation of materials, relative humidity should be kept below 60%. If you're hoping to build a wine cellar, you can handle a rate of 70–75%, but not higher (the metals could rot).

Last but not least, poor insulation is a major contributor to heat loss, which means higher heating costs and more discomfort for the residents during the colder months. When properly insulated, a cellar can be a valuable resource.

_"A cellar's flooding or capillary rise can cause issues with the house's floors. Mold growth is another possibility”._

## Be wary of the security of your possessions if you keep them in a building's cellar

Each unit has its own cellar, which can be designed to fit in with the building's aesthetic. Do not trust storing precious items in the storage facility if it is not secure. Put something secure like a padlock or lock on a closed, unlocked storage unit.

Basements in buildings, like basements in homes, can be a boon if they are properly insulated, or they can be a bane if they are too damp.

The presence of a cellar in a real estate ad should pique your interest for both good and bad reasons. The visit will become deciding; examine every inch of this room as thoroughly as you did the living quarters.

_"A building's cellar is not always discreetly hidden away”._

Is the cellar a benefit or a hindrance to your quality of life ?

A guide for those who plan to make their home in a building that has an elevator.jpg

Numerous apartment-seekers, for understandable practical reasons, will only consider complexes that offer elevator access. Installation of this kind is a real comfort argument, but it comes at a price that can affect both the buyer's and the tenant's budget. Here's what you need to know before you start searching for apartments with elevators.

## A necessary convenience, but at a price

When moving into a building that already has an elevator, it's reasonable to assume that there will be ongoing maintenance costs, which are reflected in the condo fees. It's a good idea to poll current tenants about the building's overall maintenance costs, as well as any major repairs or malfunctions, before committing to a lease.

The elevator may be scheduled for replacement if it has been experiencing frequent breakdowns. The buyer should be aware of this additional cost before signing any documents.
_
“A new elevator might be necessary if the current one has been acting up for a while”._

As a tenant, are you responsible for the upkeep of the elevator?
Both the landlord and the tenant contribute to the upkeep of a rental property. The renter is responsible for all utilities and maintenance (including the boiler, minor repairs, garbage collection, and building cleaning). The upkeep of the elevator is included in this last item, along with the cleaning of the lobby and the mowing of the lawn in the private outdoor spaces. Rent increases may be warranted to cover the added expense of maintaining an elevator.

Tenants cannot be held liable for extraordinary expenses, such as the cost of replacing the entire installation or making major repairs.

_“Because of this, "the presence of an elevator may result in a monthly rent increase"._

## Should you take your chances by reserving a unit on the ground floor of a building with an elevator, or should you just move?

Since people living on the ground floor don't have to use the elevator, it would seem that they are losing money every month on their condo dues. In fact, you need to know how the fees are divided up before you can refuse a unit for this reason. Each shared ownership arrangement is set up on a voluntary basis.

Legal precedent dictates that the co-owner of the ground floor is exempt from sharing the elevator's operating expenses. This, however, is never the case outside of a written condo agreement. Indeed, everyone pays their fair share of the administrative costs.
It is assumed that the first-floor tenant will occasionally, if not daily, use the elevator to access the basement, garage, or laundry room. Finally, these extremely exceptional circumstances still rarely result in a fee waiver.

## Advantages of reaching the top

When going up only one or two floors, the elevator isn't always necessary, but as the building rises, it becomes indispensable. The upper floors make the most sense when you want to live in peace and quiet away from curious neighbors.

Although it may be more expensive, having an elevator and relocating to a floor above the third one has many benefits, including fewer issues with neighbors, more light, a greater sense of safety, and, very often, less need for heating due to that of the neighbors below.


Should I buy an apartment with an elevator?

When making a purchase, what are your responsibilities and rights.jpg

In Luxembourg, the process of buying and selling property is governed by statute. As a result, from the time an advertisement is posted online until the time a contract is signed before a notary public, each party is both obligated to and endowed with certain rights. If you're the one selling the item, it's important to know what you're responsible for and what safeguards are in place just in case. They'll improve the context in which you can think about this undertaking.

## Mandatory Pre-Sale Energy Passport Requirements

An EPC (Energy Performance Certificate) — also known as an energy passport — is Luxembourg's sole mandatory property disclosure document. This document is accurate for the property's primary energy consumption and greenhouse gas emissions for the past 10 years. Each performer is given a letter grade ranging from A+ to F, with A being the highest possible grade and F being the lowest (poorly insulated homes, aging heating systems, humidity, etc.).

The co-most ownership's recent meeting minutes and common area maintenance expense statements are also required in the event of an apartment sale. The prospective buyer must be aware of the full price of the apartment and of any upcoming major renovations.

In addition to the above, you may wish to include in your file: floor plans, recent and significant bills (renovations), and heating energy consumption. They're not required, but they can help close the deal since buyers feel more at ease and informed with complete details.

_“Plan drawings, receipts for recently large purchases (renovations), and information on how much energy was used for heating can now all be included in your file”._

## Confirmed agreement to sell; a promise

Both you and the buyer commit to selling the property at the price stated in the promise to sell. In Luxembourg, "the promise to sell is equivalent to a sale," with the notarial act serving merely as a formality. This means that it is too late to reverse your decision. If you renounce the sale, the purchaser can sue you to get the process restarted or to collect damages. However, if the buyer discovers a flaw after the promise to sell has been signed that wasn't apparent during the post-signing visits, he has the right to back out of the deal (provided he has a reason clearly justifying his intention).

That's why it's so important to put together a comprehensive and detailed preliminary sales agreement that specifies all relevant terms and conditions, including a clear statement of the sale price and appropriate suspensive clauses to account for any potential delays. This is the kind of complex legal document that should be drafted with the assistance of an attorney.

## Rights and responsibilities when selling a home in Luxembourg

Prior to any discussion of a possible sale, the asking price is entirely up to you. Since it can be difficult for an individual who is unfamiliar with the market to position themselves favorably, it is wise to rely on the estimates provided by real estate agencies. Although, there is nothing stopping you from talking with your agent about trying to get closer to the desired amount.

_“You can choose whatever price you like”._

Hire a real estate agency to help you out so that you can meet all your responsibilities and protect your rights during the sale of your home.

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