Before you make a final contract anд confirm a deal with a real estate (plot, shop, office or apartment) in front of a notary, it is advisable to conclude a preliminary contract for the purchase and sale of real estate.
The Preliminary contract binds the seller and the buyer by assuming an obligation in the future to conclude a final contract in the form of a notarial deed with which to transfer the ownership. One of main requirements of the Preliminary contarct is the written form, which is a sufficient guarantee for securing the interests of the parties involved in the transaction in case of any failure of each of them. Keep in mind that this contract does not give an absolute guarantee to the parties it is necessary to consult with a lawyer or an experienced real estate broker.
The Preliminary Contract includes the essential elements and explicit arrangements of the parties before proceeding to the signing of the final contract – the notary deed.
The preliminary contract for the purchase sale of immovable property does not transfer the right of ownership.
Frequently, upon signing the Preliminary contract, the Buyer pays the Seller a certain amount of money as a deposit, and sets limits and, of course, governs the conditions for non-fulfilment of the commitments assumed by each of the parties, through the penalty stipulated therein.
Required documents are:
1. Document of ownership – the possible documents that you need for a deal with realties are:
– Decision of the Land Commission for Restoration of Ownership – it describes the restored fields and the neighbors;
– A voluntary partition agreement – certified by a notary and registered in the relevant District Court;
– Judgment decision – entered into register.
2. Actual sketch of the property, which is received by the relevant municipal agricultural office or AGKK (effective for 6 months).
3. Tax assessment by the tax office according to the location of the property in writing.
4. Certificate of successors.
5. Identity document (identity card, passport).
6. Marriage certificate. Property acquired during marriage is a family property community. Their consent requires both spouses’ consent. It is not a family property that the properties received by donation or by inheritance by one of the spouses.
7. Partitionig protocol or partition agreement if there was a partition of the property.
8. Certificate that the property has not been acted as municipal (only for yard transactions). The certificate is issued by the Municipal Property Department.
9. Power of attorney if the seller can not attend the deal. It is good to include some additional terms in the power of attorney, such as the minimum transaction price, the method of payment, etc.
10. Certificate that the building is built with a building permit according to an approved architectural plan.
Other documents according to property features such as death certificate, birth certificate, divorce document, etc., for which you can consult a professional estate agent or lawyer.
Declaration under Art. 25, para. 6 of the Law for Notaries – notarized 1 issue.
Declaration under Art. 226, para. 1 of the PDK – notary certified 2 pieces.