Most trouble in a property purchase comes from things that could have been checked in a single day. These are the checks I run for every buyer before they sign or pay anything.
How I work on property sales is described on the real estate law page.
1. Who owns it and may they sell
I check who is registered as owner and whether the seller alone may dispose of the flat. I take particular care when it is marital property, when there are several co-owners, when it was inherited or when an agent is selling under a power of attorney.
2. Encumbrances and annotations
The property title reveals what a seller sometimes forgets to mention:
- mortgages and other liens
- annotations of lawsuits and enforcement
- bans on disposal
- third-party rights such as a lease or easement
An encumbrance does not make the purchase impossible. It means the contract must state exactly how it is removed and what happens to the money until then.
3. Status of the building
I check whether the building is registered, whether reality matches the record and whether permits exist. An unregistered or illegal part of a flat can later block a mortgage, a resale or the buyer's registration.
4. A deposit is not an advance
A deposit has specific legal consequences if a party withdraws, while an advance is simply credited to the price. So the preliminary agreement states clearly what is paid, when, and what happens if the deal falls through.
5. The notarised contract
In Serbia a real estate sale contract is certified by a notary. It must set out the price and payment schedule, handover, costs and the seller's consent to register the buyer.
Before payment, not after
Once money has been paid, fixing problems becomes slow and expensive. If you are planning a purchase or a sale, write to me before the first payment.