PROPERTY LAW. SALE AND PURCHASE OF REAL ESTATES.
Full legal service for real estate transactions
For all types of real estate transactions, we offer our clients a complete legal assistance from the beginning to the conclusion of a final contract in the form of a notarial deed. The full legal assistance we offer includes the following services:
- We prepare a preliminary contract for sale and purchase of real estate;
- We inspect, advise and assist you in obtaining the necessary documents for the sale, including, but not limited to: a certificate of tax assessment of the property; certificate of the marital status; certificate of marital regime; certificate of presence/absence of material encumbrances; previous property acts (title deeds, contracts for sale and purchase of municipal/state property); cadastral scheme of the property by the GCCA, and others;
- We perform a check on the seller/buyer – their representative power, availability of information about court cases against the seller, marital status and other relevant information;
- We prepare and put amendments (if needed) on the draft of the title deed, assist our clients before the notary public and accompany the client on the day of the transaction. Based on an explicit authorization by a client, who is not able to participate in the transaction in person due to any obstacles, we can act during the conclusion of the transaction;
- We assist our clients in obtaining possession of the property, including the preparation of an acceptance and delivery certificate, if such is needed and agreed;
- We coordinate the communication with the lending bank, if the client is going to use a loan for the purchase; we monitor the issuance of a letter of engagement, assist in establishing legal/contractual mortgage;
- We cooperate if the sale price will be paid through a trust account contract/escrow account;
In addition to the above services, we also offer:
- We can provide you with consultation, as well as with preparation and verification of documents, related to the establishment, transfer, or termination of limited property rights over real estates – the right of construction, right of passage, easements, right of use, etc.
- We also offer legal assistance in solving problems related to the Cadaster and Property Register Act, problems with property boundaries, unresolved regulatory bills, precise registration of apartments, houses, and plots in the schemes issued by GCCA, as well as with the preparation and supply of all the necessary documentation.
Acquisition of property by prescription
The acquisition of a property by prescription is one of the legal ways to establish that right of ownership arises in favor of an individual over a particular property. If you had possession of a specific property for a period of 5 or 10 years, you could claim ownership of that property.
Concerning this, we offer you a consultation on specific cases, related to the application of the statute of limitations. Besides, we can assist you with obtaining all documents required for the property, as well as represent you before a local notary public during the preparation and conclusion of the title deed (the document on ownership of the property).
Release of the debtor’s obligations by extinctive prescription
‘Extinctive prescription’ refers to the extinction of a right or claim due to a time-lapse.
The common period of extinctive prescription in Bulgarian law is of 5 years. However, there are other special periods of extinctive prescription that are foreseen.
We advise our clients on the possibility of invoking the legal institution of extinctive prescription.
Division of Real Estate
If you are an owner of a real estate, together with at least one more person, and if you want your co-ownership to be terminated, we can represent and assist you in performing the division of the real estate (in case of a voluntary division or a legal proceedings for the division of a real estate).
As far as the voluntary division of the real estate is concerned – we can participate in the negotiations with the other co-owner of the property, obtain the necessary documentation and arrange for signing a contract for the voluntary division of the property before a local notary public, which contract will serve as your title deed from now on.
If you can’t reach an agreement with your co-owner for the voluntary division of the property, we can assist you in the preparation of a lawsuit, represent you during the court case procedure, defend your interests and obtain a court decision that substitutes the title deed.
Protection of property rights
If you consider that your ownership rights over a real estate property are being violated or withdrawn due to fraudulent acts of third parties (misappropriation of other person’s property, refusals of tenants to leave the property after the expiration of their contract, etc.), we can represent you by performing actions to protect your rights and legitimate interests.
Address:
56 “Capt. Raicho” Str.
Grand Trade Center, 4th floor, office № 14
4000 Plovdiv, Bulgaria