The Grand Duchy of Luxembourg is not a complicated place to buy real estate in terms of legal matters. Foreigners who are interested in doing this should be aware that Luxembourg is a small country and people do not move very often, so it may take a while to find a property.
Attorneys and Real Estate Agents
Most properties for sale are set up and advertised by real estate agents. These real estate agents must be approved by the government, and they are professionals who need to pass a special examination and carry a card. There are rarely ever “for-sale” signs on properties; they are mostly listed in local newspapers. It is the responsibility of the seller to pay the real estate agent the necessary commissions.
Attorneys are not necessary in the process of buying real estate in Luxembourg, but can be helpful. Much of the legal responsibility is on the notary.
Rules, Regulations and Restrictions
There are no restrictions on the foreign ownership of property in Luxembourg. Foreigners have the same rights as the citizens.
First, the buyer should settle on a property and make an offer to its seller. Upon approval of this offer, a purchase agreement must be drawn up and signed by both parties. It is not required for this document to be notarized, but it is a good idea so that neither party may arbitrarily pull out of the agreement.
This purchase agreement is required to list necessary information, such as identities and details of the buyer and seller; full description of the property with its land registry number; surface area of the property; purchase price; information on the notary and estate agent; information on any fixtures and fittings with the sale; mortgage details; any potential drop-out causes.
Sometimes the buyer is required to put down a deposit to secure the property. It is not necessary, but if it is done, it should be secured in an escrow at the notary’s office.
After this is completed, the buyer must take out a mortgage to finance the property. The bank may require that the buyer pay for an inspection of the property. The notary will also go through some necessary bureaucratic measures while the buyer is doing this.
During the day of sales completion, the buyer and seller must duly appoint a notary to finish this task officially. The buyer must pay the notary the remainder of the sales price to transfer to the seller. The seller must also pay the real estate agent fees. This transfer of title must be registered and recorded in the mortgage registry.