Contents
- Before signing a preliminary contract and paying a deposit, check the Property Register for mortgages, attachments and litigation.
- Check that the property was built lawfully, with a certificate of completion (Act 16) and the necessary permits.
- The preliminary contract should clearly set out the payment deadlines, the description of the property and the consequences of non-performance.
- A lawyer acts solely in the buyer's interest, unlike an estate agent, who acts as an intermediary between the parties.
Buying real estate is one of the most significant moments in a person's life. It is often an emotional step, but it also carries a number of legal and financial risks. Whether you are buying your first home, investing in property or moving to accommodate a growing family, it is important to be well informed and protected. This is where a lawyer comes in.
What Risks Can a Property Purchase Involve?
Imagine the situation: you have found the perfect apartment. You like everything about it, the location, the price, even the view from the balcony. You sign the preliminary contract and pay a deposit, but a few weeks later you discover that the property is subject to a mortgage or an attachment. You have already invested money, time and energy, and the deal is in doubt.
Unfortunately, this is not unusual. In practice, there are many cases where buyers run into legal problems that could have been avoided with an experienced lawyer on their side.
What Does a Lawyer Do for You?
Checks the Property Documents
The first thing you need to know when buying a property is whether it is free of encumbrances. This includes checks for mortgages, attachments, litigation and other restrictions. The lawyer will carry out a detailed search of the Property Register and make sure that ownership is clear and that the seller is entitled to dispose of the property.
Analyses the Legal Status of the Property
It is particularly important to check whether the property was built lawfully, whether it has a certificate of completion (the so-called Act 16) and whether all the necessary permits are in place. If you are buying a new build or an off-plan property, the lawyer will make sure that the developer complies with the legal requirements and that your rights are protected.
Negotiates and Drafts the Preliminary Contract
The preliminary contract is one of the most important stages of the purchase. The lawyer will make sure that every clause is clearly worded and protects your interests. This includes payment deadlines, a description of the property and specific consequences if the seller fails to perform.
Attends the Notarial Transaction
During the notarial transfer of the property, the lawyer will check that all the documents and steps are in order. If any uncertainty or last-minute change arises, the lawyer will be there to give you professional advice.
Prevents Future Disputes
If, after completion, third parties raise claims or problems arise with neighbours, the lawyer will assist you with the appropriate legal action. This may include representation in court or negotiating an out-of-court settlement.
Why Is Professional Support Important?
Many people think they can handle a property purchase on their own, especially when working with an estate agent. Although agents play an important role, they are not always familiar with every legal aspect of the transaction. A lawyer, on the other hand, is a specialist who acts solely in the client's interest and can save you time, stress and, most importantly, money.
How to Choose the Right Lawyer
It is important to rely on a lawyer with experience in real estate. They should understand the specifics of property transactions, have up-to-date knowledge of the law and be able to respond quickly to any situation.
Buying a property is a big step that should be taken with care. Instructing a lawyer is not just an additional cost but an investment in your security and peace of mind. With professional support, you will avoid unpleasant surprises and can be confident that everything has been done in accordance with the law.
If you are planning a property transaction, our [real estate](/uslugi/nedvizhimi-imoti) team can assist you at every stage, from checking the documents to completing the transaction before the notary.
Frequently asked questions
What does a lawyer check when you buy a property?
Ownership and the seller's right to dispose of the property, encumbrances in the Property Register (mortgages, attachments, pending claims), the lawfulness of the construction and the existence of Act 16 and the necessary permits.
Why is the preliminary contract important?
It fixes the price, deadlines and terms of the transaction and the consequences of non-performance. A clearly worded contract protects you if the seller withdraws or the property turns out to be encumbered.
Is an estate agent not enough?
The agent acts as an intermediary and plays an important role, but is not always familiar with every legal aspect and does not act solely in the buyer's interest. A lawyer checks the documents and protects your interests fully.
