A large part of the activities provided by Tinchev Law Firm to its clients from home and abroad is related to the realization and exercise of the right of ownership of real estate aimed at:
- Obtaining the necessary documents for establishing the ownership of real estate and performing its notary transfer;
- Preparation of preliminary contracts for real estate purchase and sale.
- Real estate transactions - sale, donation, exchange, sale against obligation to maintain and watch.
- Study of the legal status of the real estate in the property register, thorough analysis and preparation of the transaction documents.
- Conducting real estate transactions before the notary public establishing the right to use, right to build, upgrade, arrange, easements.
- Circumstantial checks on acquisition of immovable property by prescription.
- Analysis and consulting in the case of co-ownership of real estate - use, voluntary and judicial division, transfer of co-ownership property.
- Judicial protection of property rights and other property rights and protection of tenure.
- Representation with banks when preparing and signing mortgage contracts in connection with the purchase of real estate.
- Entries in the property register.
- If you intend to conclude a real estate transaction, there are several mandatory things to do before concluding the transaction.
- First of all, if you are a buyer, then you should make sure that the seller owns the property. For this purpose, the property documents should be thoroughly reviewed and the necessary references to the property should be made, including obtaining a certificate of encumbrance for the property for a period of at least ten years. The latter requirement is necessary not only in order to trace the legal transfer of ownership of the previous owners, but also to determine whether the previous owner has burdened the property with encumbrances / mortgages, for example, because if so, this mortgage is opposed to the new buyer and he will acquire the property with a weight, and the ten-year period is necessary in view of the fact that with the expiration of 10 years from the registration of the mortgage, it loses its eq. even if there are mortgages back in time, they do not weigh on the property /.
- You should also be consulted in what notarial form to make the transaction, whether it would be appropriate to purchase, exchange, donate, transfer against a maintenance obligation and watch. The options here are different, depending on the parties to the transaction, whether they are in any relationship, what they are aiming for, which would be the cheapest option.
- Characteristic of the development of these relations is that in recent years, real estate transactions have been carried out mainly through the mediation of intermediary companies, which in many cases offer ready-made forms for concluding preliminary contracts and organize the conclusion of the transaction before a notary public. When using the services of such companies, you should bear in mind that the intermediary companies have an interest in concluding the transaction, and even if there are irregularities in the interests of some of the parties they are ignored, only to conclude the transaction and take a commission. In practice, their work is usually terminated when a preliminary contract is signed, in general. There is no thorough historical analysis, further details related to the features of the property itself and the possibility of additional legal assistance and protection of a party to the contract. Since agencies usually represent both parties, or even if it is not so in the interests of their interest to make the deal binding, it is advisable to consult a lawyer with years of experience in real estate to protect your interests and clarify the most appropriate for you and for both parties to the transaction a way of shaping it in a notarial manner. I believe that even at the negotiation phase of a property sale, whether or not you represent a real estate brokerage, you need to consult an experienced lawyer to represent you in the negotiation process. This is especially true of newly constructed buildings as well as of old properties whose ownership is complicated due to the presence of many heirs, restitution and other circumstances.