Handing over possession of the apartment

By law, ‘delivery of the sale’ shall be at the disposal of the buyer.
Receiving possession of the apartment means that the buyer gets a unique option to use the apartment after the seller has vacated the apartment.

It is advisable to define in the sale agreement how the possession will be delivered.
You can set the day and time when the possession of the apartment itself will be delivered and you can even specify the names of those present at the delivery.

The buyer can be allowed to carry out a preliminary inspection prior to delivery of the possession in which he will check in advance that the apartment is delivered as promised by the seller.

A delivery protocol can be made in which the parties sign a formal document regarding the date and manner in which the apartment was delivered when the minutes will be signed by the parties to the transaction. In the same signed document, he receives the payment, and the buyer signs that the apartment was handed over to his satisfaction. Controversial points can also be noted in the document. Suppose there is no consensus regarding this or that defect discovered at the time of delivery of possession of the apartment or a small dispute overpayment of the full balance.

It is important to note in the agreement that the buyer must take possession of the apartment even if insignificant defects are discovered, otherwise, a situation may arise where due to negligible defects the buyer will refuse to complete the payment of the balance and from there the road to deepening the dispute will be short.

In exceptional cases, for example in a particularly large or well-equipped apartment or an apartment consisting of sophisticated systems, it is possible to agree in advance with a professional, such as an engineer or architect, who will check for the parties on the eve of signing the contract and again at the time of delivery, in order to decide whether the apartment was delivered in accordance with the provisions of the sale agreement.

It is worth noting in the agreement that upon delivery of the possession, the seller will explain to the buyer about the maintenance of the apartment and its systems, as well as provide him with warranty certificates that he holds.

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