Here at Tsopela Real Estate Law Firm
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Although it’s a great idea to consult an attorney before buying a home, there are several things you should make sure of. Make sure that all property which is supposed to go with the home is included in the contract. This may include appliances or other extras you were promised. You also want to inspect the technical aspects and possible damage report and look at the surrounding area.
Moreover, you should require deeds evidencing ownership of the seller’s property, issued by the competent Land Registry and a full series of ownership titles of the seller’s predecessors covering at least a 20-year period prior to the most recent ownership title.
You must pay the notary fees and expenses, the transfer tax (paid prior to the signing of the notarial deed and a certificate/receipt should be presented before the notary, attached to the deed and be referenced on it), registry office fees with the competent authority, the engineer’s fees as well as the lawyer’s fees.
Please note that transfers of Real Estate, imposed on the purchase value on the first sale of newly built buildings subjected to VAT (24%) (by a developer or by a person who deals professionally with the construction and the sale of buildings) are frozen until 2025. For all other properties that do not fall under the above category, the transfer is charged with a Real Estate Transfer Tax at 3.09 per cent. Also note that transfer tax is the same for individuals or legal entities.
A Real Estate Attorney is licensed and trained to give legal advice relating to real property transactions whether it’s commercial or residential and can assist with resolving issues that may occur. A real estate attorney can handle and interpret any and all documents that relate to the transaction, for example, Mortgage contracts, Purchase & Sale contracts, Title Documents, Surveys, handle the closing and represent you throughout the entire purchase or sale process. Therefore, a Real Estate Attorney can provide legal advice by drafting private contracts, overseeing the final notarized contract and the closing, performing title and survey checks, negotiate with all parties as well as review all other documents relating to the transaction. This can facilitate a faster and more beneficial transaction while avoiding costly and unnecessary delays and/or expenses. Most of all, the Real Estate Attorney protects your interests and ensures that the entire process is legal and valid.
That there are no debts or liens or third-party claims against your property and determine what items or property should be included in the sale. More precisely, deep research must be conducted on the records as part of the due diligence process whereas release of advance payments as part of any promissory agreement should be made until due diligence has been conducted. You will also want to consider your lowest desired price and what you're willing to accept. A property law attorney can oversee the process and protect your interests.
You should disclose all defects. However, it's very important that you discuss your options with an attorney. If there are defects in the home and you do not disclose them, you could find yourself in a judicial process/battle.
The closing stage is the one at which the parties sign all documents in connection with the sale, mortgage and the balance of the purchase price is paid to you. You formally state and sign in the notarial deed that you guarantee and warrant that the property is free from any: encumbrance, mortgage, debt, pre-notation of mortgage, confiscation, claims by third parties, real and legal defects, leases, concession of use by any means, expropriation, contribution of land, and any debts to public authorities. At the same time, you must submit the following: Property Owner Tax Certificate, Energy Performance Certificate, Municipality Tax Certificate, Cadastral and Land Registry Certificates and engineering/ non arbitrariness certificate.