Selling an apartment is one of the most significant transactions a person may complete in their lifetime. In practice, however, preparing the documents often raises more questions than answers—especially when the transaction takes place without an intermediary or for the first time. What must the agreement include? Is it valid without a notary? What should you do if the other party delays signing?
This article brings together the most frequently asked questions about creating an apartment sale agreement and provides practical answers to help you navigate the process—whether you are the buyer or the seller.
If you want a broader overview of real estate contracts and related documents in one place, see also Doqubit’s guide to real estate contracts.
When should you use a sale agreement, and when an earnest money agreement?
Before looking at the most common questions about a sale agreement, it is worth clarifying one of the questions asked most often about apartment sale documents: what is the difference between an earnest money agreement and a sale agreement, and which is more appropriate at a particular stage of the transaction?
For a more detailed explanation, we recommend reading our article about earnest money agreements and sale agreements, which explains their differences step by step and helps you choose the right one for a particular situation.
Earnest money agreement | Sale agreement | |
|---|---|---|
When is it used? | When the price has been agreed but the transaction is not yet ready to conclude (financing, documents, etc. are pending) | When both parties are ready to formalise the transaction fully and all terms have been finally agreed |
What does it set out? | The amount of earnest money, the deadline for concluding the sale agreement, and the parties’ liability | The sale price, payment procedure, property handover terms, and the parties’ obligations |
Does ownership transfer to the buyer? | No. The property is not sold; only the intention is confirmed | Yes. After signing and registration in the Land Register, ownership transfers to the buyer |
Transaction stage | Intermediate stage—before the final transaction | Final stage—formal completion of the transaction |
Both documents relate to the same transaction, but each operates at a different stage and serves a different purpose. An earnest money agreement confirms the intention; a sale agreement carries it out.
What must an apartment sale agreement include?
This is the first and most frequently asked question—and fortunately, the answer is fairly clear. A well-prepared apartment sale agreement includes several essential elements without which the document may be legally weak or even open to challenge.
Every sale agreement should contain:
the personal details of both parties (buyer and seller): name, surname, personal identity number or registration number, and address;
precise identification of the property: apartment address, cadastral number, area, floor, and other cadastral information;
the sale price and the currency of the transaction;
the payment procedure: whether payment is made at once or in instalments and the applicable deadlines;
the time and procedure for handing over the property: when and under what conditions the buyer takes possession of the apartment;
the parties’ confirmation that the property is not encumbered by debts, pledges, or other legal obstacles;
the signatures of both parties and the date.
In practice, it is also advisable to state clearly what happens if the agreement is not performed and how any disputes will be resolved. The more precisely these matters are agreed from the outset, the less room there is for interpretation later.
Must the sale agreement be notarised?
No—an apartment sale agreement in Latvia does not have to be notarised to take effect between the parties. However, there is an important nuance that many people overlook.
To register the transfer of title in the Land Register, which is a mandatory step for completing the transfer of ownership, a notarised corroboration request must be submitted (Sections 993 and 994 of the Latvian Civil Law). This means that a signed sale agreement alone does not make the buyer the legally registered new owner because, under Section 994 of the Civil Law, only the person registered as such in the Land Register is recognised as the owner of immovable property.
The practical advice is therefore this: the sale agreement may be signed without a notary, but registration in the Land Register is a separate and mandatory step after the transaction is concluded. If it is forgotten or delayed, the property formally remains owned by the seller, which may cause complications.
Is a sale agreement necessary when a bank is involved?
If the buyer purchases the apartment with a mortgage, the structure of the transaction changes: the bank becomes a third party, and its document requirements may differ from a standard situation. In such cases, a standard sale agreement intended for a direct transaction between buyer and seller may not meet the bank’s requirements. This does not mean that a sale agreement is unnecessary, but additional legal documentation or adjustments to the agreement may be required to satisfy the bank’s conditions.
The apartment sale agreement available on Doqubit is intended for standard situations without mortgage financing—transactions made directly between the seller and the buyer. In such a situation, the document helps record the agreement clearly and understandably so that both parties know exactly what they have agreed.
What are the most common mistakes when preparing an apartment sale agreement?
In practice, most apartment-transaction problems arise not from the transaction itself but from incomplete or inaccurate documentation.
The most common mistakes in an apartment sale agreement are:
An inaccurate or incomplete property description. If the apartment is not identified by its cadastral number or incorrect information is given, questions may later arise about which property the transaction concerned.
An unclear payment procedure. “We will agree the amount later” is not wording that works in a dispute. The amount, deadlines, and method of payment must be set out precisely in writing.
Late Land Register registration. A signed sale agreement does not yet make the buyer the legal owner; this step is often forgotten or delayed.
Failure to address encumbrances. If the agreement does not confirm that the property is free of debts, mortgages, or other encumbrances, the buyer assumes a risk they may not know about.
Online templates used without adaptation. A randomly found template may contain outdated provisions or fail to reflect the specifics of the situation, and the greatest problem is that the user often does not realise it.
What should you do if the other party delays or avoids signing?
A situation in which an agreement has been reached orally but the other party delays signing the document is one of the most difficult. In practice, it is important to understand that an oral agreement without a written document is a very weak basis for any claim.
If an earnest money agreement was concluded before the sale agreement, the situation is clearer because it usually states what happens if either party fails to perform its obligations.
If there is no earnest money agreement and the other party refuses to continue the transaction, the available remedies are limited. Legal practice therefore gives clear advice: document important transactions in writing and in good time instead of relying on an oral agreement.
How quickly can an apartment sale agreement be prepared?
This is a question asked both by people preparing a sale agreement for the first time and by those facing a tight deadline. The answer largely depends on the approach you choose.
If you search online for suitable templates, assess whether they fit your transaction, and then try to adapt them, the process can take considerable time. Even then, there is a risk that something important has been omitted.
Doqubit offers a different and much more user-friendly approach. The platform asks specific questions about the transaction, the parties, and the property step by step. Based on the answers, the document is generated automatically in a logical and clear structure. As a result, a document ready for signature can be prepared in a few minutes—without having to understand legal terminology or guess whether every essential point is included.
The finished document can be reviewed immediately and shared with the other party so that both sides can agree on every detail before signing. This is particularly useful when the transaction is urgent or the parties are in different locations.
Can apartment sale documents be edited after they are created?
Yes. One practical benefit offered by the Doqubit platform is flexibility after the document has been created. If a condition changes during the transaction—for example, the payment schedule is revised or the handover date is clarified—the document can be updated and shared with the other party again.
This matters because transactions rarely proceed exactly according to the original plan. Being able to adapt the document while preparing it helps avoid unnecessary complications and saves time later.
Why use Doqubit instead of looking for templates online?
Most publicly available contract templates often do not fit the specific transaction and do not reflect its most important terms. Users must decide what to change, remove, or add, which requires both time and an understanding of the document. If the template contains errors or omits essential terms, this often becomes apparent only when problems arise.
Doqubit documents are designed for common standard situations and follow a clear structure. The platform guides users through the preparation process with specific questions, helping them organise the information and avoid missing important conditions. The result is a clear, practical document that can be prepared quickly and without unnecessary complexity.
Start creating your document without registering an account. Answer clear questions, and Doqubit will help prepare a document for your situation.