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Creating an apartment sale agreement: frequently asked questions

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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 parties want earnest money to secure performance of the agreed transaction before payment and ownership registration are completed

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. Earnest money secures performance; title requires registration in the Land Register.

Title transfers through registration in the Land Register, not merely by signing.

Transaction stage

Securing performance before the transaction is completed

Recording the purchase terms; ownership registration is a separate step

Earnest money is more than a statement of intention: it evidences a concluded contract and secures performance (Sections 1725 and 1728 of the Latvian Civil Law). A sale agreement records the purchase terms in detail. Neither paying earnest money nor signing a sale agreement alone transfers ownership; registration in the Land Register is required.

What must an apartment sale agreement include?

The property being sold and the price are the core elements of a sale (Section 2004 of the Latvian Civil Law). For an apartment sale to work in practice, the agreement should also clearly explain payment, handover and each party’s obligations.

When reviewing the draft, check these details and terms:

  • 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;
  • details of debts, mortgages and other encumbrances, and a clear arrangement for resolving them;
  • 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.

Before signing, check the current Land Register record and ask the seller to obtain a payment statement from the building manager and, where services are paid directly, from the relevant providers (Section 17.⁵ of the Residential House Management Law). These payment obligations are not recorded in the Land Register.

For voluntary transfers from 2026, the buyer is liable for management, utility, reserve-fund and statutory land-use payment debts arising within the three years before ownership transfers, including associated late-payment charges. This also covers debts that arose by the end of 2025 if the previous owner has not paid them.

Agree how the seller will settle any debts identified; that agreement alone does not remove the buyer’s statutory liability to the creditor. A buyer who pays such a debt can seek reimbursement from the seller unless agreed otherwise. See Section 13.¹ and transitional provisions 13–14 of the Apartment Property Law.

A woman moving belongings into a new apartment
Photo: Pexels.com / Vitaly Gariev

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.

Title transfers through registration in the Land Register under Sections 993 and 994 of the Latvian Civil Law, a separate step from signing the agreement. Under Section 60 of the Land Register Law, private individuals’ signatures on the registration request normally require certification by a notary or an Orphan’s and Custody Court (bāriņtiesa); the section also provides exceptions. Executing the agreement as a notarial deed and certifying signatures on the registration request are different procedures.

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?

Yes — you still need a sale agreement. If the buyer uses a mortgage, the lender’s requirements affect the payment and documentation process. The bank does not automatically become a party to the sale agreement. Before signing, agree the draft, loan disbursement conditions and mortgage registration with the bank. An agreement intended for a direct sale may need adapting.

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.

A woman preparing an apartment sale agreement
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What are the most common mistakes when preparing an apartment sale agreement?

Inaccurate documents and unchecked property details can cause difficulties even when the parties initially agree on the deal.

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.
  • Unchecked debts and encumbrances. Compare the agreement with the Land Register record and payment statement; a general assurance alone is not enough.
  • 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?

If the other party delays signing, first check what has already been agreed and which deadlines apply. Keep correspondence, drafts and payment records; ask in writing for the reason for the delay and agree the next steps. The absence of a signed final document does not by itself mean that no obligations exist.

If earnest money has been paid, the consequences depend on the terms of the earnest money agreement and the reason for non-performance. Section 1730 of the Latvian Civil Law distinguishes mutual cancellation, impossibility without the payer’s fault and non-performance caused by a party’s fault. A delay does not automatically mean forfeiture or repayment of twice the amount.

If there is a dispute about obligations or money already paid, have a lawyer or notary review the documents before withdrawing or making another payment. Recording the agreement in writing at the outset helps establish what both parties actually agreed.

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 guides you through document preparation by asking questions about the transaction, the parties and the property, then arranging your answers in a structured document. How long this takes depends on whether the information and terms are ready. Before signing, check every term and whether the document fits your transaction.

Download the document and send the file to the other party so you can both check the details and agree any changes before signing.

A couple in their new apartment among moving boxes
Photo: Pexels.com / Vitaly Gariev

Can apartment sale documents be edited after they are created?

Yes. After completing a document, you can also correct entered factual details in Doqubit. In the email with your document, select “Make corrections”, then choose “Correct document” on the document page. Fix, for example, a spelling error in a name or contact details, and create a corrected version. This flow keeps the original questionnaire choices unchanged. The document page shows whether corrections are available and any applicable limits.

You can edit the downloaded DOCX file in a compatible word processor. If payment terms or the handover date change, agree the amendments with the other party and send them the revised file.

Sign the final version agreed by both parties. If you also downloaded a PDF, it will not reflect DOCX edits. After signing, record changes by mutual agreement rather than unilaterally changing the signed document.

Why use Doqubit instead of looking for templates online?

A template found online may not fit your particular transaction. You need to assess what to change, remove or add, which takes time and an understanding of the document.

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.

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