Who prepares the sales contracts when selling a property?

The buyer is selected, the price is agreed upon, and it seems the hardest part of the sale is behind you. Yet, this is often when the most uncertainty arises: who prepares the sale contracts, who protects the funds, and what happens if the buyer's conditions change just before signing? A house, apartment, or land transaction is not just about a single document. You need to coordinate contracts, financing, escrow, land registry filings, and the handover moment so that each step flows logically into the next.

There is no single correct answer for every sale. It depends on whether the buyer is paying from their own funds or using a mortgage, whether the seller is an individual, heirs, or former partners, and whether the property has an encumbrance or other restriction. However, an overview of the roles helps you recognize what should be part of a safely managed process and where it is unwise to improvise.

Who prepares the property sales contracts

Drafts of real estate transfer contracts are typically prepared by a lawyer. Their task is to translate the specific agreement between the seller and buyer into a legally sound format. It is not just about filling names into a generic template. The contracts must reflect the actual status in the land registry, the financing method, the agreed handover date, and the specific risks of the case.

A real estate agent or process partner usually coordinates the legal documentation. They gather supporting documents, communicate with both parties, ensure the lawyer receives accurate information, and explain the sequence of signatures, escrow deposits, and registration filings. They should not act as a lawyer or replace independent legal advice. Their value lies in keeping the legal process synchronized with the commercial aspects of the sale.

The buyer may have their own lawyer, especially when using a mortgage, dealing with non-standard conditions, or wanting independent verification. This is not a problem. In fact, it is common for one side to prepare the initial draft and for the other party to have it reviewed by their legal counsel. It is important to account for time to process feedback. If lawyers are involved only a day before the planned signing, the schedule can easily fall apart.

What documents are usually involved in a sale

The foundation is the purchase agreement. It describes what is being transferred, for what price, and under what conditions. For a property, a general statement that the seller is handing over an apartment and the buyer is paying is insufficient. The contract must clearly define the unit or plot according to the land registry, fixtures, shares in common areas, potential easements, and the mechanism for releasing funds.

Alongside this, a purchase price escrow agreement is often prepared. In a secure transfer, the buyer's money is not sent directly to the seller before ownership is recorded. Instead, funds are deposited into an attorney, notary, or bank escrow account, and the administrator releases them only after pre-agreed conditions are met. Setting these conditions correctly is vital, especially if the seller's mortgage is being paid off from the proceeds or if liens need to be cleared.

The package often includes an application for the registration of ownership rights with the land registry. The registry decides on the entry based on submitted documents, not oral agreements. A formal error, unclear property identification, or discrepancy between documents can delay the process. While this may not end the deal, it extends the time both parties spend waiting for the next step.

Other documents are added depending on the situation. These may include a future purchase agreement if the buyer needs to arrange financing, power of attorney, spousal consent, confirmation of debt-free status from the building manager, a declaration of settlement of liabilities, or a handover protocol. For inheritances, the probate resolution is required. In cases of divorce or co-ownership settlement, it must be clear who is authorized to sell the property and how proceeds will be split.

A contract is more than just legal text

The most common errors do not happen because someone forgot a signature. They occur because the parties did not decide in advance exactly what would happen. Who orders the deletion of a lien? By when must the buyer deposit funds into escrow? What if the buyer's bank releases the mortgage late? When does the seller hand over keys, and when are utilities transferred?

A good contract does not create these questions after signing. It captures an agreement that both parties understand and sets procedures even for unpleasant scenarios. This is especially important if the seller is coordinating their sale with the purchase of their next home or needs to use the proceeds to settle another debt by a specific deadline.

Who is responsible for legal security and escrow

A lawyer is responsible for the legal work provided and for the correct handling of an attorney escrow account, if applicable. A notary similarly ensures notary escrow. Bank escrow has its own rules and is generally used in specific cases. Choosing the type of escrow is not a formality; it must match the transaction's value, financing, and conditions that must be met before payment.

Before signing, the seller should know where the money will be held, who manages it, what the exact release conditions are, and how complications are handled. If there is a bank's lien on the title deed, the documentation must ensure that part of the purchase price can go directly toward paying off the debt. Only after that is the lien cleared and the remaining funds released.

A real estate agent can organize the entire chain but should never have direct control over someone else's money outside of a clearly defined escrow mechanism. It is this separation of roles that gives both parties greater control: the lawyer handles legal documents and escrow, the bank handles financing, the land registry handles the entry, and the process partner manages the workflow and communication.

Why downloading a template is not enough

A template can serve as a first orientation, but it is a weak foundation for an actual sale. It does not know if the property is part of joint spousal property, if it is burdened by a mortgage, if there are multiple heirs, or if the buyer is using a loan. It fails to address practical reality: the seller needs to move out only after funds are credited, the buyer wants assurance of the apartment's condition at handover, and both sides need to know what happens between filing at the land registry and handing over the keys.

The risk is not just in an invalid or inaccurate clause. An unclear contract often opens the door to disputes when one party is under pressure—for example, if the buyer's financing is delayed, items remain in the apartment that were supposed to be removed, or a debt to the homeowner's association appears. The more concrete the agreement is before signing, the less room remains for arguments later.

A process that keeps the sale together

Legal preparation should not begin only after finding a buyer. It is wise to verify the title deed, proof of ownership, existing liens, owner data, and documents related to the building or land early on. This reveals obstacles that would otherwise surface only when the buyer is waiting to sign.

Once agreed with a serious buyer, you must accurately record the commercial terms. The price is only one part. Equally important are reservation conditions, the timeline for escrow deposits, financing methods, handover dates, and bank requirements. Only from these details can documentation that reflects reality be created.

At DREEM, the legal process is part of a managed sale, not a final administrative step. The goal is for the owner to know what they are signing, who is ensuring the follow-up tasks, and what happens after the application for registration is filed. This is particularly significant for sales involving inheritance, divorce, or linked property purchases, where one ambiguity can affect multiple people and deadlines simultaneously.

What to check before signing

Before signing, ask for a simple explanation of whether all owners are correctly listed in the contract, how liens and debts are settled, when funds will be deposited into escrow, and under what conditions they will be released. Also, check the handover date, meter readings, furnishings left in the property, and liability for any outstanding fees.

It is not shameful to ask why a specific clause is in the contract or what would happen if a deadline is not met. On the contrary, it is a sign of responsible decision-making. If an explanation does not make sense, it is better to clarify it before signing than when the money is already in escrow and your move is planned.

A calm sale does not happen by signing documents as quickly as possible. It happens when everyone knows what to do, who is responsible for each step, and how the contracts and timelines connect. This is how the legal part of a sale becomes a support for your next life step, rather than another source of chaos.