Real Estate Transactions:
The real estate market in Greece has seen significant development, especially in recent years due to the Golden Visa program, which has attracted numerous foreign investors from non-EU countries. This influx has resulted in substantial investments in Greece, especially in the southern suburbs, which have experienced rapid growth along with the development of the Athenian Riviera.
Our office provides comprehensive assistance in completing all types of real estate transactions safely, with all necessary legal guarantees and precision required, always in accordance with applicable laws. Regardless of how low the sale price might be, whether you are a buyer, seller, or real estate developer and, despite the fact that a lawyer's presence is no longer mandatory for contracts, there are many risks that you need to be aware of to address them smartly and effectively.
What You Need to Know Before Purchasing Property
A legal property inspection is a crucial step in the property purchase process. It is the procedure through which a specialized lawyer verifies the validity and legality of the property intended for purchase. This process ensures that the buyer will not face problems post-purchase, such as hidden debts, old loans, legal claims, encumbrances, or building permit issues.
What is a Legal Property Inspection?
A legal property inspection involves analyzing the legal documents and data pertaining to the property. In regions where there is a land registry, this inspection can be conducted both electronically and in person. The goal is to ensure that the seller has the right to sell, that there are no liens, mortgages, or other legal issues, and that the property is free of third-party claims.
Importance of Legal Property Inspection
This process is essential for any serious investment in real estate. It prevents future claims and legal issues, which can be costly and time-consuming.
• Avoiding Legal Problems: Ensures that the property is free of any legal burdens.
• Protecting the Investment: Guarantees that the purchase is conducted according to the current laws.
• Ensuring the Agreed Price: Confirms the agreed price and payment terms.
What is the Process of Legal Property Inspection
The process involves several steps that your lawyer must follow. Each stage is essential to ensure a safe transaction.
1. Land Registry or Mortgage Registry Check.
The lawyer checks the records at the Land Registry or Mortgage Registry where the property is registered to identify any mortgage, real property right, preliminary notation, or any other encumbrance.
• Mortgages and Encumbrances: This check reveals whether the property has encumbrances that may hinder the sale.
• Claims: Also, it verifies if there are any claims from third parties, either individuals or legal entities.
2. Ownership Check.
The lawyer verifies that the seller has absolute ownership of the property and the right to sell it. This is done by reviewing contracts and title deeds.
• Contracts: The contracts and all previous title deeds are thoroughly reviewed to confirm the correctness of the property transfers up to forty years back.
• Ownership Rights: Checks if there is co-ownership or other forms of ownership that may affect the transaction.
• Co-Ownership: If co-ownership exists, the lawyer will examine the terms governing the property’s management and transfer.
• Third-Party Claims: Investigates any active legal claims, which may delay or cancel the sale.
• Inheritance Succession Issues: If there are unresolved inheritance issues or third-party claims, they must be settled before proceeding with the sale.
3. Urban Planning Regulations Check.
The lawyer examines if the property complies with urban planning regulations and whether there are any violations, such as unauthorized constructions or modifications that have not been declared. They will collaborate with the urban planning authorities to verify compliance with local regulations.
• Building Permits: Confirms that the property holds the necessary permits, issued in accordance with regulations.
• Unauthorized Constructions: Checks for any constructions made without legal approval.
• Legalization: Some unauthorized constructions can be legalized, but this may require additional expenses.
• Verification of Regulations: Urban planning regulations may vary by area, so cooperation with local authorities is necessary.
Avoiding Fines:
Checking for unauthorized constructions helps avoid future fines and legal issues.
• Tax Checks: The lawyer performs a check for any tax liabilities on the property. This includes an analysis of the ENFIA declaration and other tax obligations that may impact the purchase.
• Tax Liabilities: Ensures the property is not burdened with tax obligations that would be transferred to the buyer.
• ENFIA: Checking the ENFIA declaration is fundamental to confirm the property’s tax status.
Our Services
We support you from the beginning to the completion of the purchase, safeguarding our client’s interests. Our involvement at the signing of the contract in front of a notary is essential to ensure that everything researched and agreed upon at the previous stages is included in the final contract.
1. Negotiation and Drafting of Contracts
We assist in negotiating the terms of sale and drafting the contracts. We ensure that the terms of the transaction are clear and that the buyer is fully covered.
• Contracts: We review the contracts to ensure the transaction is valid and that the terms of sale are clear and understandable to prevent future disputes.
• Negotiation: We also assist in negotiating the purchase price and other terms (e.g., installment payments).
• Ensuring Payment Terms: We ensure the correct and timely payment of the price by/to the seller or buyer.
• Transparency of Terms: We protect the buyer/seller from hidden clauses, unclear terms, and other issues.
2. Communication with the Seller and Public Authorities
We communicate with the seller via their representing lawyer (or directly with them) and public authorities to verify the validity of the documents and the legality of the transaction.
• Public Authorities: We communicate with the Land Registry, Urban Planning, and other authorities to ensure the issuance of the necessary documents.
• Advice on Future Use of the Property: As your legal advisor, we can provide guidance on the future use of the property, including the legal frameworks to follow for renovations or other usage changes.
• Advice on Renovations: Property use must comply with local laws and regulations, especially if you plan to renovate or expand.
• Advice on Renting: If you consider renting the property, we can draft a comprehensive lease contract for you.
Conclusion
Legal property inspection is a necessary process that ensures the smooth and lawful purchase of a property, free from future surprises. Through this process, the buyer/seller is protected from potential legal issues and unexpected expenses. Engaging a specialized lawyer ensures the success of the process and the protection of the parties' interests.
It serves as your shield for a safe investment in real estate, a vital step before any purchase. With the proper legal support, buying/selling property becomes a safe and smooth process that safeguards your investment and protects your rights.