Firstly, it’s important to keep in mind that notaries are impartial and must remain neutral. Even though they are engaged by the buyer, and paid by the buyer, they are not allowed to favour the buyer’s interests.

A notary’s job is to draft a promise of sale (konvenju) which reflects the parties’ wishes. This document has to be clear and easily understandable so that both sides know exactly what they are signing.

A promise of sale is the critical first step when buying and selling a property as its clauses cannot be changed in the final contract without mutual agreement.

If you are still feeling uneasy about signing the sale of your property with the buyers’ notary because you feel it’s one-sided, you have two options:

Ask for an explanation: Ask the notary to explain each clause in detail. The notary should read every line and clarify it in simple language, which can help you feel more at ease and informed about what you are signing.

Seek independent advice: If you’re still uncomfortable, do not sign. Consult a notary of your choice for another explanation or seek legal advice from a lawyer. Notaries are impartial and cannot provide legal advice, so depending on your concerns, a lawyer might give you a clearer understanding of the document.

Some promises of sale take long to sign as both sides would want to feel comfortable and at peace with what they are signing. Take your time and make sure you fully understand every clause because once the document is signed, renegotiating the terms will be difficult. 

The information presented in this article is provided by the Notarial Council for general informational purposes only – for legal or professional advice contact your notary. If you have any questions you wish to ask the Notarial Council of Malta send any email to notariesofmalta@gmail.com