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Real Estate

Most of the money lost on property is lost before the transfer day — by not checking what could have been checked.

Buying land or a condominium is the largest transaction most people ever make, and the least investigated. Buyers commonly pay a reservation deposit first and check afterwards, by which point the deposit is rarely recoverable.

Far more can be checked before any money moves than people realise: the class of title document, the encumbrances registered on the back of it, whether there is a legal right of access, what the zoning permits, and whether the seller can actually sell.

We handle pre-purchase checks, drafting and reviewing the contracts, the transfer at the Land Office, and disputes when the other side fails to perform.

What this group covers

  • Pre-purchase due diligence: title, encumbrances, zoning, access, and the standing of the seller or the project.
  • Sale and transfer: from the sale and purchase agreement through to the registration at the Land Office.
  • Leases and land rights: registered long leases, usufruct, superficies and servitudes.
  • Foreign ownership: condominium title, evidence of funds brought in from abroad, and the restrictions on land.

The order it should go in

The common mistake is paying a deposit and then investigating. The right order is to finish the investigation, then commit.

  • Obtain a copy of the title document and the seller's identification first. Pay nothing yet.
  • Check the register on the reverse of the title at the Land Office, which shows every encumbrance.
  • Inspect the land itself: boundaries, access, and who is in occupation.
  • Only once it is clear, sign a sale and purchase agreement that states the conditions and what follows from non-performance.
  • Complete at the Land Office, paying the balance on the same day the transfer is registered.

What checks commonly turn up

  • A title document that is not a full title deed — these are sold and mortgaged differently, and some cannot be transferred at all.
  • An undischarged mortgage, or a registered servitude.
  • Landlocked land with no legal access to a public road, even where a neighbour currently allows passage.
  • Zoning that restricts what may be built or operated on the plot.
  • A seller who is not the true owner, or an estate with no administrator appointed.
  • Land acquired during a marriage, which needs the spouse's consent to sell.

This page is general information, not advice on your situation. Restrictions differ plot by plot. Send us the title document before any money is paid.

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Tell us what you are dealing with. We will say plainly whether it is something we handle, what it involves, and what it costs.

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