Can a Notarial Deed of Sale Be Cancelled in Poland
A signed notarial deed of sale can't simply be "undone," any more than you can undo a signature once it's on paper. It can be voided, but only for specific, statutory reasons, not because one of the parties changed their mind the next day.
Short version
A notarial deed can only be voided for specific reasons: a defect in the declaration of intent, one party's lack of legal capacity, a sham transaction, or a failure to meet the statutory requirements when it was drawn up. Simply changing your mind after signing isn't grounds for cancellation. Terminating the agreement by mutual consent requires a further deed.
When a notarial deed can actually be voided
- Defects in the declaration of intent. Acting under the influence of a mistake, a threat, or for the sake of appearance.
- Lack of legal capacity. One of the parties wasn't able to validly make a declaration of intent at the moment of signing.
- A sham transaction. The parties stage a sale without intending to bring about its actual effects.
- Failure to meet statutory requirements. Rare with a notarial deed, since the notary is responsible for its form, but it happens with errors in the property description or in powers of attorney.
You can find the full list of defects in a declaration of intent in the Polish Civil Code.
What can't get a notarial deed cancelled
Simply changing your mind isn't enough. Finding a higher offer after signing isn't either. Terminating the agreement requires both parties' consent and a further notarial deed, not a unilateral decision by one side.
Why this worry doesn't apply to our transactions
We don't change the terms of an offer once we've agreed on them verbally. The price and conditions set during the viewing go into the contract without surprises. A fair offer holds up just as well the next day as it did the moment we made it, so we don't push for a same-day signature.
When it's worth getting in touch
If you're hesitant to sign the deed because you're not sure about the terms, ask us everything before the notary appointment, not after. We'll give you time to think the offer over before a signing date is even set.
Disclaimer
This article is for general information only and does not constitute legal or tax advice for your individual situation. The law can change and every case is different. Before making a decision, consult a qualified lawyer, tax advisor, or notary.
If just the thought of signing a notarial deed makes you uneasy, ask us everything beforehand. We'd rather answer ten questions before the notary appointment than explain anything after.
Straight answers
Can a notarial deed be voided after it's signed?
How much time do you have to withdraw from a notarial deed of sale?
What counts as a sham legal transaction?
Can a notary refuse to draw up the deed?
Can you back out before signing the deed when selling to a cash buyer?
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