Buying a home? What is the role of the notary?

The Backer family is large. Grandma Cathrien and Grandpa Dirk are in their late seventies and recently married. They and the (grand)children from their respective families occasionally need the help of a notary. You can read about their recognisable situations here.

The notary comes into the picture when a home is bought or sold. They do a lot of invisible groundwork. The notary is independent and impartial, and therefore looks after everyone's interests. ‘That goes much further than the signature!’

Grandson Pieter (25) is sitting at the kitchen table with Dirk and Cathrien. He is in the process of buying his first home and had a few questions. ‘Grandpa, you've bought a few houses in your life. Why does everything financial have to go through the notary? It feels so cumbersome.’

Dirk chuckles. ‘I used to think so too. But the notary is the financial spider in the web. Without him, everyone gets tangled up. He makes sure your money ends up in the right place, that the bank is paid off and that the buyer gets what he is buying. Everything via one secure route.’

Pieter frowns. ‘But what about the purchase deed? Isn't that just copy-and-paste work?’ Cathrien shakes her head. ‘No, every situation is different. The notary has to find out what is going on with your house. That is tailor-made work. Dirk adds: ‘And a lot of the work you don't even see. Behind the scenes, all sorts of things are checked: old mortgages, debts, heirs, agreements with the municipality… If something isn't right, he stops the transfer.’

Pieter hadn't thought there was so much more involved than a signature at the notary's office. His grandfather explained that notaries also check where the money comes from. ‘That is a legal requirement, under the Anti-Money Laundering and Counter-Terrorist Financing Act – WWFT. He has to be able to show that everything is legal. That is why the amount cannot go directly to the seller — it has to go through a client account.’

That was all connected to his independence. The notary effectively works not for the buyer or the seller, but for the law. That makes him the only one everyone can trust, and who makes sure everything is correct and proceeds safely.

Pieter understands now. ‘Okay, then I'll just let the notary get on with his job. It's good that he keeps an overview.’