Can a notary stop a property sale in Malta?

Dr. Michael LaferlaNotary · Notary, Notarial Council of Malta

ProceduresReviewed: 6 July 2026

The short answer

No — a notary cannot stop a property sale. What the notary does is highlight any legal issues found in the searches so the buyer knows about them. But the decision whether to proceed, even where a problem exists, always rests with the buyer. The notary advises and warns; the choice is yours.

The notary advises — the buyer decides

Dr. Laferla is clear: "a notary as such cannot stop a property sale. A notary can highlight any issues that he may find in the searches. But at the end of the day, it is always the decision of the purchasers whether to proceed or not… if a legal issue is found."

What this means in practice

The notary's role is to inform and protect, not to veto. If the searches reveal a problem, the notary sets it out plainly so you understand the risk — but you are the one who decides whether to walk away, ask for it to be resolved, or accept it and proceed. It is your money and your property.

Independence, not a limitation

This is a feature of the notary's position, not a shortcoming. The notary is an impartial public officer acting for the transaction, whose duty is to give you full, honest information rather than substitute their judgement for yours. (They must still be satisfied the final deed can validly be published — but where an issue is one you can knowingly accept, the choice is yours.) It is exactly why engaging a notary you trust, and heeding their warnings, matters so much.

Sources

Dr. Michael Laferla — Yitaku Asks video (the notary highlights issues; the decision to proceed is always the buyer's)
Notarial Profession and Notarial Archives Act, Chapter 55 — the notary as impartial public officer; duty to inform and advise
Maltese notarial practice — disclosure of search findings; the buyer's decision to proceed