Blog
May 20, 2026

What should be prepared before a notarial real estate transaction?

A real estate transaction does not end when a buyer is found and the price is agreed. After that comes one of the most important stages — preparing the documents, terms and agreements before the notarial transaction. A well-prepared transaction helps avoid misunderstandings, delays and potential disputes after the property has been handed over. What information is usually needed? Before the notarial transaction, the main transaction details are usually collected: seller’s and buyer’s personal details; property address and land register information; purchase price; whether the buyer is using own funds or bank financing; in case of a bank loan, the bank’s details and mortgage information; agreement on how notary fees and state fees are divided; handover date; list of items remaining in the apartment or house; information about utility payments, possible debts and obligations; agreements regarding parking, storage room, furniture and appliances. If the property includes a parking space, storage room or a right of use based on a usage agreement, this should be clearly specified before the transaction. This is especially important when the parking space or storage room is not a separate ownership unit but is connected to co-ownership or a usage arrangement. Why should agreements be clarified before the notary? The notary prepares the contract based on the agreements between the parties. Therefore, important terms should not remain only verbal. Before the transaction, it is important to clarify: when the buyer receives the keys; whether the property is handed over immediately after the notary or later; which furniture and appliances remain; what the seller will remove before handover; who pays the transaction-related costs; how the final utility bills will be settled; whether the seller must repair or adjust anything before handover; in what condition the property must be handed over. These details may seem minor, but in practice, many disputes arise exactly from unclear expectations around handover and property condition. Hidden defects and seller’s liability The seller should disclose known defects to the buyer. Under Estonian Law of Obligations Act, the seller may be liable if the property does not conform to the contract and the buyer did not know, and could not reasonably have known, about the defect. At the same time, the seller is generally not liable for a defect that the buyer knew or should have known about at the time of signing the contract. In practice, known and visible issues should be recorded in writing. For example, if a window needs adjustment, the floor has scratches, or an appliance is older but functional, it is better to note it during transaction preparation or in the handover act. This is not about making the transaction more complicated. It is about transparency and reducing risks for both sides. The role of the notary The notary is not the representative of either the seller or the buyer. The notary’s role is neutral — to ensure the legal security of the transaction and help prevent legal disputes. That is why the information sent to the notary should be accurate and complete. The better the preparation, the smoother the notarial transaction. Good preparation creates a safer transaction In my experience, a well-prepared notarial transaction means that all parties understand before signing: what exactly is being sold; the price and terms of the transaction; when the property will be handed over; what remains in the property; which known defects have been disclosed; how costs and obligations are divided. Real estate is a major transaction for both the seller and the buyer. The clearer the agreements are before the notary, the calmer and safer the entire process becomes.

A real estate transaction does not end when a buyer is found and the price is agreed. After that comes one of the most important stages — preparing the documents, terms and agreements before the notarial transaction.

A well-prepared transaction helps avoid misunderstandings, delays and potential disputes after the property has been handed over.

What information is usually needed?

Before the notarial transaction, the main transaction details are usually collected:

  • seller’s and buyer’s personal details;
  • property address and land register information;
  • purchase price;
  • whether the buyer is using own funds or bank financing;
  • in case of a bank loan, the bank’s details and mortgage information;
  • agreement on how notary fees and state fees are divided;
  • handover date;
  • list of items remaining in the apartment or house;
  • information about utility payments, possible debts and obligations;
  • agreements regarding parking, storage room, furniture and appliances.

If the property includes a parking space, storage room or a right of use based on a usage agreement, this should be clearly specified before the transaction. This is especially important when the parking space or storage room is not a separate ownership unit but is connected to co-ownership or a usage arrangement.

Why should agreements be clarified before the notary?

The notary prepares the contract based on the agreements between the parties. Therefore, important terms should not remain only verbal.

Before the transaction, it is important to clarify:

  • when the buyer receives the keys;
  • whether the property is handed over immediately after the notary or later;
  • which furniture and appliances remain;
  • what the seller will remove before handover;
  • who pays the transaction-related costs;
  • how the final utility bills will be settled;
  • whether the seller must repair or adjust anything before handover;
  • in what condition the property must be handed over.

These details may seem minor, but in practice, many disputes arise exactly from unclear expectations around handover and property condition.

Hidden defects and seller’s liability

The seller should disclose known defects to the buyer. Under Estonian Law of Obligations Act, the seller may be liable if the property does not conform to the contract and the buyer did not know, and could not reasonably have known, about the defect. At the same time, the seller is generally not liable for a defect that the buyer knew or should have known about at the time of signing the contract.

In practice, known and visible issues should be recorded in writing. For example, if a window needs adjustment, the floor has scratches, or an appliance is older but functional, it is better to note it during transaction preparation or in the handover act.

This is not about making the transaction more complicated. It is about transparency and reducing risks for both sides.

The role of the notary

The notary is not the representative of either the seller or the buyer. The notary’s role is neutral — to ensure the legal security of the transaction and help prevent legal disputes.

That is why the information sent to the notary should be accurate and complete. The better the preparation, the smoother the notarial transaction.

Good preparation creates a safer transaction

In my experience, a well-prepared notarial transaction means that all parties understand before signing:

  • what exactly is being sold;
  • the price and terms of the transaction;
  • when the property will be handed over;
  • what remains in the property;
  • which known defects have been disclosed;
  • how costs and obligations are divided.

Real estate is a major transaction for both the seller and the buyer. The clearer the agreements are before the notary, the calmer and safer the entire process becomes.

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