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FAQ

Answers and advice for all your questions

General Questions and Queries

What is different about propertycheck.gr?

Given the inclusion of attorneys, engineers, and notaries on our team, our real estate site likely offers a unique blend of services and expertise compared to standard real estate platforms. Here’s how our site might differentiate itself: Our site likely offers a seamless integration of legal advice, technical property assessments, and document notarization/authentication, all within the real estate transaction process. This holistic approach sets us apart by providing comprehensive support.  Unlike traditional real estate platforms, our site emphasizes a multidisciplinary approach. It stands out by offering guidance not only on property selection but also on legal compliance, technical property evaluations, and document authentication. Unlike traditional real estate platforms, our site emphasizes a multidisciplinary approach. It stands out by offering guidance not only on property selection but also on legal compliance, technical property evaluations, and document authentication. Our site might excel in handling complex transactions. For instance, providing advice on intricate legal matters, evaluating properties with technical precision, and ensuring the validity of documents through notarial services for high-value or unique real estate deals. Emphasizing personalized our client support that incorporates legal, technical, and authentication assistance creates a unique selling proposition. Your site may prioritize client needs with a dedicated focus on ensuring a smooth and legally sound transaction.Highlighting these differentiating factors on your site can attract users seeking a comprehensive and expert-driven real estate experience. It positions our platform as a one-stop destination for those looking for not just property listings but also integrated services to support their entire transaction journey.

I found the property that suits my needs. Now what should I do?

That’s great news! Here are the key steps you’ll typically need to take after finding a real estate property that suits your needs. 1)Property Evaluation, you have to revisit the property for a thorough inspection. Consider bringing along professionals like engineers or home inspectors to assess the property’s condition, structural integrity, and any potential issues. 2) Financial Considerations you have to review your budget and financing options. If you haven’t secured financing yet, explore mortgage options or finalize your funding arrangements. 3) Making an Offer,  if you’re satisfied with the property after inspections and evaluations, you can make an offer to the seller. Your real estate agent or attorney can assist in drafting the offer and negotiating terms on your behalf. 4)Due Diligence, conduct due diligence on the property. This involves verifying the property’s legal status, checking for liens, reviewing any required documents, and ensuring all necessary paperwork is in order. 5)Legal Assistance, you have to engage a real estate attorney to review contracts, title deeds, and other legal documents related to the property transaction. Their expertise ensures the transaction is legally sound and protects your interests. 6)Closing Process Preparation, yoy have to prepare for the closing process by coordinating with the seller, ensuring all necessary paperwork is in order, arranging for any additional inspections or appraisals, and securing insurance for the property.

I want to buy a property but I have no idea of the total cost. How can I calculate the total cost?

“Calculating the total cost of buying a property involves considering several factors beyond the property’s purchase price. Here’s a breakdown of the various costs involved:

1)Purchase Price: This is the actual price of the property as negotiated with the seller.

2)Property Taxes: Check the property tax rates in the area where the property is located. Property taxes can vary significantly and should be considered annually.

3)Closing Costs: These include various fees associated with finalizing the sale, such as title insurance, attorney fees, appraisal fees, and escrow fees.

4)Home Inspection Fees: Hiring a professional inspector to assess the property’s condition can incur fees.

5)Mortgage Costs: If you’re financing the purchase, there are costs associated with obtaining a mortgage, such as application fees, origination fees, and points.

6)Homeowners Insurance: Calculate the annual cost of insurance to protect your property from damage or loss.

7)HOA Fees or Condo Fees: If the property is part of a homeowners association or a condominium, there will likely be monthly or annual fees for maintenance and amenities.

8)Utilities and Maintenance Costs: Factor in ongoing utility bills, repairs, and general maintenance costs.

To calculate the total cost:

1)Sum up all Expenses: Add up the purchase price, closing costs, taxes, inspection fees, mortgage costs, insurance, HOA fees, utilities, and maintenance expenses.

2)Consider Miscellaneous Costs: Account for any unforeseen expenses or miscellaneous costs that might arise during the process.

3)Consult with Professionals: Real estate agents, mortgage brokers, or financial advisors can help provide estimates and breakdowns of these costs based on your specific situation and the property you’re interested in.

4)Having a comprehensive understanding of these costs will help you budget effectively and make an informed decision about the total expenses involved in buying the property.”

I have found the property that suits my needs, but I have no time at all to deal with procedures. What can I do;

This is our purpose and the secret of our success! propertycheck.gr takes care of everything for you, with the least possible involvement of yours. As soon as we receive the order to undertake the overall process of purchasing your property, we will do everything necessary so that all the necessary steps are completed in a very short time until you finally sign the contract. From the legal and technical inspection of the property, to the gathering of all documents, the negotiations with the bank in case of lending, the drawing up and checking of the contract as well as its transfer to the relevant Land Registry/Mortgage Office! propertycheck.gr undertakes the purchase process from the first to the last step of the process, with maximum quality and the least possible inconvenience for you. Contact us for more information and within 24 hours you will have a complete picture of the basic cost!

The realtor asked me to pay a down payment to “close” the property. I’m afraid of losing it. What should I do;

Paying a down payment to “close” a property without proper documentation or understanding can indeed be risky. You should consider the Documentation and Agreement by ensuring that you have a written agreement or contract outlining the terms of the down payment, including the purpose, conditions, and what happens to the funds if the deal falls through. It should specify that the payment is contingent upon meeting certain conditions and is refundable if those conditions aren’t met. Secondly you have to verify the legitimacy of the realtor and the transaction. Research the realtor or the real estate agency, check reviews, and ensure they are licensed and reputable. Insist that the down payment be placed into an escrow account or held by a third-party intermediary until the conditions of the agreement are met. This protects your funds from being misused or lost in case the deal falls through. Furthermore it is important to seek advice from a real estate attorney before making any payments. Our team is here for you in order to help you  to find the perfect solution in every problem that emerge. Last but not least is the negotiation terms. If you’re uncomfortable with the terms or uncertain about the situation, try negotiating more favorable terms or conditions for the down payment.Remember, it’s crucial to safeguard your funds and ensure that any down payment or advance is made under clear terms that protect your interests. If you have any doubts or concerns, consulting with legal professionals is strongly recommended before proceeding.

I will need to get a loan to buy a first home. What should I watch out for?

“When obtaining a loan for your first home purchase, several key factors are crucial to consider to ensure you secure the right mortgage and navigate the process effectively:

1) Credit Score and History: A good credit score is vital. Monitor your credit report, rectify any errors, and maintain good credit practices to secure favorable loan terms.

2) Affordability and Budgeting: Determine how much you can comfortably afford. Calculate not just the mortgage payments but also additional costs like property taxes, insurance, and maintenance.

3) Loan Options and Rates: Explore different loan options (fixed-rate, adjustable-rate, FHA, VA loans, etc.) and understand their terms, interest rates, and how they align with your financial situation and goals.

4) Down Payment: Aim for a substantial down payment to reduce the loan amount and potentially secure better terms. Various loan programs offer different down payment requirements.

5) Pre-Approval vs. Pre-Qualification: Pre-qualification provides an estimate, while pre-approval involves a more thorough assessment by a lender. Pre-approval signals to sellers that you’re a serious buyer.

6) Closing Costs and Fees: Understand the closing costs, including origination fees, appraisal fees, title insurance, and other expenses, and budget for them accordingly.

7) Loan Terms and Conditions: Carefully review and understand all loan terms, conditions, and clauses, especially regarding interest rates, penalties, and any potential adjustments in the future.

8) Documentation and Paperwork: Be prepared to provide necessary financial documents like tax returns, pay stubs, bank statements, and employment history to facilitate the loan process.

9) Comparison Shopping: Don’t hesitate to shop around for lenders and compare offers. Different lenders might offer varying rates and terms, so it’s essential to explore multiple options.

10) Seek Professional Advice: Consider consulting a financial advisor or mortgage broker who can provide personalized guidance and help navigate the complexities of obtaining a mortgage.

Remember, choosing the right mortgage is a significant decision. Taking the time to research, understand your options, and ensure your financial readiness can set you on the right path to successfully securing a loan for your first home purchase.

I have found some properties that I am interested in and have not settled on one yet. What should I do?

You may actually be interested in more than one property and not know at this stage which one is preferable. Contact us to find out about the services we offer in case of more than one property inspection.

What is Real Estate Transfer Tax (RTT)?

The Real Estate Transfer Tax (RETT), also known as the Property Transfer Tax or VAT (Φόρος Μεταβίβασης Ακινήτου in Greek), is a tax imposed on the transfer of real estate properties in Greece. This tax is calculated based on the objective value of the property and is typically paid by the buyer. Here are key points about the Real Estate Transfer Tax in Greece:
Calculation Basis:The Real Estate Transfer Tax is calculated on the objective value of the property, which is determined by the local tax authorities. The objective value is an estimate of the property’s fair market value.
Rate:The standard Real Estate Transfer Tax rate is approximately 3% of the objective value of the property. This rate may vary based on factors such as the type of property and its location.
Payment Timing:The Real Estate Transfer Tax is paid by the buyer before the signing of the final contract. Proof of payment is typically required and must be attached to the contract.
Exemptions and Reductions:There are certain exemptions and reductions available for the Real Estate Transfer Tax. For example, there is the possibility of exemption when purchasing a first home, subject to specific conditions.
Exemption for First Home Purchase:Individuals may be eligible for an exemption from the Real Estate Transfer Tax when purchasing their first home under certain conditions. The conditions typically include not owning other properties and using the property as the buyer’s primary residence.
Documentation Requirement:Proof of payment of the Real Estate Transfer Tax is an essential document that needs to be submitted along with the final contract during the property transfer process.
Additional Costs:In addition to the Real Estate Transfer Tax, buyers should be aware of other associated costs, such as notary fees, legal fees, and registration fees.
Legal Assistance:Given the complexity of real estate transactions and associated taxes, it is advisable to seek legal assistance from a qualified real estate attorney who can guide you through the process and ensure compliance with all legal requirements.
It’s important for buyers to be aware of the Real Estate Transfer Tax and its implications when engaging in property transactions in Greece. Understanding the tax obligations, potential exemptions, and seeking professional advice can help facilitate a smooth and legally compliant property transfer process.

What is an engagement and how is it different from an advance?

“In financial and legal contexts, “”engagement”” and “”advance”” are distinct terms with different meanings:
An engagement refers to a formal commitment or agreement between two parties, often involving a service, a professional arrangement, or a business relationship. For instance, in the context of professional services, an engagement might refer to the formal agreement between a client and a service provider (such as an attorney, consultant, or advisor) outlining the scope of work, responsibilities, terms, and conditions. Engagements can also involve legal commitments, such as an engagement to marry, which signifies a promise or intent to marry but doesn’t legally bind the individuals involved.
An advance typically refers to a sum of money provided upfront before the fulfillment of goods or services. It’s a partial payment made to secure or initiate a transaction. For example, in real estate, an advance payment might be made by a buyer to the seller to secure the property or to initiate the purchase process. Advances are often part of larger financial transactions and are typically accounted for and reconciled against the total payment due.In essence, an engagement refers to a commitment or agreement, often encompassing professional services or legal relationships, while an advance refers specifically to an upfront payment made in anticipation of a future transaction or service. While they both involve commitments, an engagement is more about an agreement or commitment to perform certain services or tasks, while an advance is a payment made ahead of the completion of a transaction.”

What is the difference between a preliminary agreement and what is the difference between a private agreement?

A preliminary agreement and a private agreement are distinct in their nature and purpose. A preliminary agreement, also known as a pre-contract or memorandum of understanding (MOU), is a document outlining the terms and conditions that parties intend to include in a future contract. It’s a preliminary step towards finalizing a formal contract or agreement. Typically, a preliminary agreement is not legally binding. Instead, it sets out the framework for the subsequent contract. However, certain elements within it might be legally binding, like confidentiality clauses or exclusivity arrangements. It may include details regarding the parties involved, the subject matter, key terms and conditions, deadlines, and any specifics relevant to the future contract.  It serves as a guide or a roadmap for the final contract negotiation, outlining what both parties intend to agree upon. A private agreement, on the other hand, is a direct contractual agreement between parties that outlines terms and conditions, rights, and obligations.  A private agreement is typically legally binding upon the parties involved once it’s properly executed and agreed upon. It’s enforceable in a court of law.Unlike a preliminary agreement, a private agreement is the final contract between the parties, covering all agreed-upon terms, conditions, and responsibilities. They can also encompass various types of contracts, including sales agreements, lease agreements, employment contracts, etc.In essence, a preliminary agreement is a non-binding initial step indicating an intent to formalize a future contract, while a private agreement is a legally binding contract that sets out the final terms agreed upon by the parties involved.

I currently live abroad or outside of Athens/I live in Athens but I don’t have time to run around for documents and supporting documents. What can I do?

If you are living abroad or don’t have the time to personally handle the documentation and supporting documents for a property transaction in Athens, there are several strategies you can employ to manage the process efficiently. Here are some options:
Hire a Local Representative:Consider hiring a local representative or a real estate agent based in Athens who can act on your behalf. This person can assist in gathering necessary documents, attending meetings, and overseeing the transaction locally.

Engage a Legal Professional:Hire a real estate attorney in Athens who can provide legal representation and handle the documentation process on your behalf. A legal professional can ensure that all necessary legal steps are taken.

Virtual Communication:Leverage virtual communication tools such as video calls, emails, and messaging apps to stay connected with local professionals, including your real estate agent or lawyer. This allows you to remotely participate in discussions and decision-making.

Power of Attorney (PoA):Grant a Power of Attorney to a trusted individual or a legal professional in Athens. A Power of Attorney allows them to act on your behalf and make decisions related to the property transaction.

Document Collection Services:Explore the possibility of hiring document collection services. Some professionals or agencies specialize in gathering required documents and supporting paperwork for property transactions.

Online Platforms and Services:Take advantage of online platforms and services that facilitate remote document processing. Many administrative tasks can be completed online or through courier services.

Coordinate with Local Partners:If you are working with real estate agents, lawyers, or other professionals in Athens, ensure clear communication and coordination. They can handle the on-the-ground tasks while keeping you informed remotely.

Plan Visits Strategically:If possible, plan strategic visits to Athens for key stages of the transaction, such as property inspections, contract signings, or meetings with relevant parties. This allows you to be present when necessary.

Digital Document Sharing:Utilize secure digital platforms for document sharing. This enables you to send and receive important paperwork without the need for physical presence.

Detailed Instructions:Provide detailed instructions to your representatives or professionals regarding your preferences, requirements, and any specific actions you want them to take on your behalf.

Remember to work closely with trusted and reputable professionals to ensure that your interests are well-represented during the property transaction. Communicate openly with your representatives, stay informed about the progress, and leverage available technologies to streamline the process despite being physically distant. Additionally, consult legal professionals to ensure that any remote arrangements comply with local laws and regulations.

Questions about the legal Control of the property

Why do you need a legal inspection of the property and what does it include?

A legal inspection of a property, also known as a due diligence or legal due diligence, is a crucial step in the process of buying or selling real estate. This inspection is conducted to assess the legal status of the property, identify any potential legal risks or issues, and ensure that the transaction proceeds smoothly. Here are key reasons why a legal inspection is necessary and what it typically includes:
Reasons for a Legal Inspection:
Verification of Legal Ownership:Confirming that the seller has legal ownership of the property and has the right to transfer ownership to the buyer.
Identification of Encumbrances:Discovering any encumbrances on the property, such as mortgages, liens, or easements, which may affect the buyer’s ability to use or transfer the property.
Compliance with Zoning Regulations:Checking if the property complies with local zoning regulations and land-use restrictions. This ensures that the property can be used for its intended purpose.
Review of Title Deeds and Documents:Examining the title deeds, land surveys, and other legal documents related to the property to ensure their accuracy and completeness.
Confirmation of Boundaries:Verifying the property boundaries to ensure that they align with the information provided by the seller.
Assessment of Legal Obligations:Evaluating any legal obligations associated with the property, such as outstanding property taxes, utility bills, or compliance with building codes.
Investigation of Pending Legal Actions:Checking for any pending legal actions, disputes, or litigation involving the property that might affect its value or use.
Environmental Compliance:Assessing compliance with environmental regulations and identifying any potential environmental issues associated with the property.
Confirmation of Permits and Approvals:Verifying that the property has obtained all necessary permits and approvals for construction, renovations, or any other relevant activities.
What a Legal Inspection Typically Includes:
Title Search:Examination of public records to confirm the legal ownership of the property and identify any existing liens or encumbrances.
Review of Legal Documents:Thorough examination of relevant legal documents, including title deeds, land surveys, and property plans.
Zoning and Land-Use Analysis:Assessment of the property’s compliance with local zoning regulations and land-use requirements.
Property Boundary Survey:Verification of the property boundaries to ensure they align with the provided information.
Search for Outstanding Debts:Investigation into any outstanding debts associated with the property, such as unpaid property taxes or utility bills.
Environmental Due Diligence:Assessment of potential environmental issues, compliance with environmental regulations, and the presence of any hazardous materials.
Confirmation of Permits and Approvals:Verification that the property has obtained all necessary permits and approvals for construction or other activities.
Identification of Legal Obligations:Identification of any legal obligations tied to the property that may impact the buyer.
Review of Contracts and Agreements:Examination of any existing contracts or agreements related to the property, such as leases or easements.
Check for Pending Legal Actions:Investigation into whether there are any pending legal actions, disputes, or litigation concerning the property.
Analysis of Historical Ownership:Examination of historical ownership records to identify any potential issues that may have arisen in previous transactions.
A thorough legal inspection provides the buyer with a comprehensive understanding of the legal status of the property, allowing them to make informed decisions and mitigating the risk of encountering legal challenges in the future. It is recommended to engage the services of a qualified real estate attorney to conduct a legal inspection as part of the due diligence process.

What is a Mortgage, Mortgage Note and Foreclosure?

“A mortgage is a loan specifically used for purchasing real estate, where the property itself serves as collateral for the loan. The borrower (mortgagor) receives funds from a lender (mortgagee) to buy the property, and the lender secures the loan against the property.
The mortgage agreement outlines the terms and conditions, including the loan amount, interest rate, repayment schedule, and consequences for defaulting on payments.
A mortgage note, also known as a promissory note, is a legal document that serves as evidence of a debt and the promise to repay a loan. It details the terms of the loan, including the amount borrowed, the interest rate, the repayment schedule, and the consequences of default.
While the mortgage itself is the security instrument securing the loan against the property, the mortgage note is the borrower’s personal promise to repay the debt.
Foreclosure is a legal process initiated by a lender to seize and sell a property when the borrower fails to make mortgage payments as agreed. It’s a method for the lender to recover the remaining balance on the loan by selling the property to satisfy the debt.
The foreclosure process typically involves various stages, including a notice of default, a grace period for the borrower to rectify payments, an auction or sale of the property, and potential eviction of the occupants.
Different jurisdictions have specific foreclosure laws and procedures governing how foreclosures are carried out.
These concepts are intertwined in the context of a mortgage agreement. The mortgage provides the lender with the right to seize the property (collateral) in case of default, as outlined in the mortgage note, which is the borrower’s formal commitment to repay the loan according to the agreed-upon terms. If payments are not made as specified, foreclosure can occur as the legal process through which the property is repossessed and sold to recover the debt.”

What does co-ownership of the property mean and what consequences does it have for me?

Co-ownership of a property in Greece, also known as joint ownership or co-title, occurs when two or more individuals share ownership rights over the same property. Each co-owner holds a distinct share or percentage of the property, and the ownership can be established through various legal arrangements.
Key Points Regarding Co-ownership in Greece:
Types of Co-ownership:In Greece, there are different forms of co-ownership. Common types include joint tenancy and tenancy in common. The specific type may impact the rights and responsibilities of co-owners.
Shared Ownership Rights:Co-owners typically share certain rights, such as the right to use and occupy the property, receive rental income (if applicable), and participate in decision-making regarding the property.
Percentage Ownership:Co-owners may have equal or unequal shares in the property. The percentage ownership is often determined at the time of acquisition and is documented in legal agreements or title deeds.
Decision-Making:Decisions related to the property, such as selling, leasing, or making significant changes, usually require the consensus of all co-owners. Disputes may be resolved through legal means if an agreement cannot be reached.
Responsibilities and Expenses:Co-owners typically share responsibilities and expenses related to property maintenance, repairs, and taxes based on their ownership percentages.
Right of Partition:Co-owners in Greece have the right to request a partition, which involves dividing the property among the owners. If a physical division is not practical, the property may be sold, and proceeds distributed among the co-owners.
Succession and Inheritance:In the event of a co-owner’s death, their share in the property may pass to their heirs according to Greek inheritance laws, unless otherwise specified in a will.
Liability for Debts:Co-owners are typically not personally liable for each other’s debts related to the property. However, creditors may have a claim on the property itself.
Consequences and Considerations:
Shared Decision-Making:Co-ownership requires communication and consensus on important decisions. Disagreements among co-owners can lead to disputes, and it’s essential to establish clear mechanisms for conflict resolution.
Financial Responsibilities:Co-owners should be aware of their financial obligations, including their share of expenses and potential liabilities. Failure to fulfill financial responsibilities may impact the relationship among co-owners.
Legal Agreements:It’s advisable to have clear legal agreements in place when entering into co-ownership. This may include a co-ownership agreement that outlines rights, responsibilities, and dispute resolution mechanisms.
Seek Legal Advice:Individuals considering co-ownership should seek legal advice to understand the legal implications and ensure that their rights and interests are protected.
Understanding the legal framework and seeking professional advice is crucial when entering into co-ownership in Greece. A well-drafted co-ownership agreement can help mitigate potential issues and provide clarity on the rights and responsibilities of each co-owner.

What if the owner of the property has died? How do I register?

If the owner of a property has passed away, the process of registering the property will involve dealing with the legal implications of the deceased owner’s estate. Here are general steps that may need to be taken:

Confirm the Death:Obtain a certified copy of the death certificate to confirm the passing of the property owner.
Probate or Inheritance Proceedings:Determine whether there is a will (testate) or if the deceased passed away intestate (without a will). In many jurisdictions, the legal process of probate or inheritance proceedings will be initiated to distribute the deceased’s assets, including the property.
Identify the Legal Heirs:Establish the legal heirs of the deceased. This may involve reviewing the will or following legal procedures to determine the rightful heirs in case of intestacy.
Probate Court Approval:If there is a will, the probate court will oversee the distribution of assets according to the deceased’s wishes. If the deceased died intestate, the court will distribute the assets according to applicable inheritance laws.
Obtain Letters of Administration or Probate:The appointed executor or administrator of the estate will obtain legal documents such as Letters of Administration (if there is no will) or Letters Testamentary (if there is a will) from the probate court. These documents authorize the individual to act on behalf of the estate.
Transfer of Ownership:Once the legal process is completed, the legal heirs or the executor/administrator can initiate the transfer of ownership. This typically involves submitting the relevant documents to the land registry or title office.
Update Property Records:Submit the necessary documentation to the appropriate land registry or title office to update the property records and officially transfer ownership to the heirs or designated individuals.
Payment of Estate Taxes (if applicable):If there are estate taxes, ensure that they are paid as part of the probate or inheritance process.
Consult Legal Professionals:It’s advisable to consult with legal professionals, including probate attorneys or real estate lawyers, to navigate the specific legal requirements in your jurisdiction and ensure a smooth transfer of property ownership.
The process may vary based on local laws and regulations, and the assistance of legal professionals is crucial to ensure compliance with the applicable legal procedures. Additionally, timelines and requirements can differ, so seeking legal advice early in the process is recommended.

How many legal checks need to be done before I buy the property?

This proactive approach is designed to secure your interests and ensure a thorough understanding of the legal status of the property. Here’s a breakdown of the two legal inspections we perform:
First Legal Inspection (Preliminary Stage):
Conducted during the preliminary stage of the property purchase.
Aims to obtain a preliminary assessment and confirmation that the property is legally sound.
Provides a “green light” to proceed with the purchase process.
Second Legal Inspection (Day of Contract Signing):

Carried out on the same day that the purchase contract is drawn up.
Ensures that no changes have occurred in the legal status of the property since the first inspection.
Offers a final check to confirm that the property remains free of any legal encumbrances or issues.
This two-step approach allows for a comprehensive legal review at different stages of the property transaction, providing additional security and minimizing the risk of unforeseen legal complications. It’s a proactive strategy to verify the property’s legal standing and ensure that the information obtained during the preliminary stage remains accurate up to the point of contract signing.
For more specific details or inquiries, interested parties are encouraged to contact us directly. This approach demonstrates a commitment to due diligence and legal thoroughness, contributing to a smoother and more secure property acquisition process.

I have found some properties that I am interested in and have not settled on one yet. Can I do legal checks on everything?

If you have found more than one property you are interested in, we suggest you contact us so that we can inform you in detail about the process and the cost, which varies according to a). with the number of properties to be checked and b). the [different or not] location of them. For more information, contact us!.

Questions regarding the drafting and signing of the contract

The property I am interested in has no encumbrances. What should I do next?

If the property you are interested in has no encumbrances, that’s a positive aspect. However, there are still important steps to take to ensure a smooth and secure real estate transaction. Here’s what you should consider doing next:
Verify Title Deed and Ownership:Confirm the details of the property’s title deed and ensure that the ownership details match the information provided by the seller. This helps to establish clear ownership rights.
Document Verification:Request and review all relevant property documents, including land surveys, building permits, and any other documentation related to the property. Ensure that these documents are accurate and up to date.
Legal Due Diligence:Conduct thorough legal due diligence to verify the legal status of the property. This includes checking for any legal restrictions, outstanding taxes, or other potential issues that might affect the property.
Zoning and Land Use:Check the zoning regulations and land use policies in the area to ensure that the property complies with local regulations. This is crucial for understanding the permitted uses of the property.
Physical Inspection:Personally visit and inspect the property to assess its physical condition. This helps you identify any potential issues that might not be apparent from documentation alone.
Professional Inspection Services:Consider hiring professionals such as a property inspector or a surveyor to conduct a detailed inspection. They can provide insights into the structural integrity and overall condition of the property.
Engage a Real Estate Attorney:Consult with a real estate attorney to ensure that all legal aspects are thoroughly examined. An attorney can review documents, provide legal advice, and address any concerns you may have.
Secure Financing:If you are financing the purchase, secure your financing arrangements. Work with your lender to ensure that all necessary documentation is in order and that you understand the terms of your mortgage.
Negotiate Terms and Conditions:Engage in negotiations with the seller to finalize the terms and conditions of the sale. This includes the purchase price, payment schedule, and any contingencies you may want to include in the contract.
Draft a Purchase Agreement:Work with your real estate attorney to draft a comprehensive and legally sound purchase agreement. This document should outline all agreed-upon terms and conditions.
Title Insurance:Consider obtaining title insurance to further protect against any unforeseen issues with the property’s title.
Closing Process:Prepare for the closing process by ensuring that all necessary documents are in order. This includes coordinating with the seller, your attorney, and any other relevant parties.
Finalize the Transaction:Attend the closing meeting to finalize the transaction. This involves signing the necessary documents, transferring funds, and officially completing the sale.
By taking these steps, you can ensure a comprehensive and well-informed approach to purchasing a property without encumbrances. It’s advisable to work closely with professionals, including a real estate attorney, throughout the process to mitigate risks and make informed decisions.

Why do I need a lawyer in the contract phase?

Hiring a lawyer during the contract phase of a real estate transaction is crucial for several reasons. A lawyer plays a key role in safeguarding your interests, ensuring legal compliance, and facilitating a smooth and secure property transaction. Here are some reasons why you need a lawyer during the contract phase:
Legal Expertise:A lawyer specializes in legal matters related to real estate transactions. Their expertise ensures that the contract is legally sound, protecting your rights and interests.
Contract Review:Your lawyer can thoroughly review the terms and conditions of the contract, ensuring that it aligns with your expectations and is fair and reasonable.
Negotiation Assistance:Lawyers can assist in negotiating favorable terms on your behalf. They can identify potential pitfalls in the contract and work to address them during negotiations.
Legal Compliance:Real estate transactions are subject to numerous laws and regulations. A lawyer ensures that the contract complies with all legal requirements, helping you avoid potential legal issues in the future.
Title and Ownership Verification:Lawyers conduct title searches to verify the ownership history of the property and ensure there are no outstanding claims or liens. This helps in establishing clear ownership rights.
Contingency Planning:Lawyers can include contingency clauses in the contract to address unforeseen circumstances, such as property defects or issues discovered during inspections.
Due Diligence:Lawyers perform due diligence, investigating the property’s legal status, zoning regulations, and other relevant factors. This helps in identifying potential risks and addressing them before finalizing the contract.
Documentation Handling:Real estate transactions involve a significant amount of paperwork. Your lawyer manages and reviews all legal documentation, ensuring accuracy and completeness.
Financial Protection:Lawyers help protect your financial interests by ensuring that financial transactions, such as the transfer of funds, are conducted securely and in accordance with legal requirements.
Dispute Resolution:In the event of disputes or disagreements, having a lawyer on your side provides you with legal representation and guidance to resolve issues effectively.
Comprehensive Legal Advice:Your lawyer can provide advice on various legal aspects, including tax implications, potential liabilities, and the impact of the contract on your overall legal position.
Peace of Mind:Knowing that a legal professional is overseeing the contract phase provides peace of mind, allowing you to focus on other aspects of the transaction with confidence.
Real estate transactions involve complex legalities, and having a lawyer involved from the outset helps ensure a smoother process and minimizes the risk of legal complications. It’s advisable to consult with a qualified real estate attorney to navigate the legal complexities and protect your interests throughout the contract phase.

When is the transfer of the property completed?

The transfer of property is considered completed when all the necessary legal and financial procedures have been successfully carried out, and the ownership of the property officially changes hands from the seller to the buyer.The transfer of the property is completed with the transfer of the purchase contract to the competent local Mortgage Registry/Land Office. The transfer of the contract as well as the overall purchase process is entirely undertaken by us!

What exemption can I have due to the purchase of a first (main) residence?

Here’s a summary of the conditions and supporting documents:

Conditions for the First Residence Exemption:
The buyer, their spouse, or minor children should not have full ownership, usufruct, or occupancy in another house or apartment meeting the family’s housing needs.
No right of full ownership on a building plot or an ideal share of a plot should exist, corresponding to an area meeting housing needs, and located in a municipal district with a population over 3,000 inhabitants.
Housing needs are considered covered if the total area meets specified criteria, with exceptions for buyers with a disability rate of at least 67%.
The purchased plot or field must be buildable at the time of purchase and within an approved zoning plan of a municipality or community.
No blood relation of the first degree should exist between the buyer and the seller.
The property must remain in the ownership of the buyer for at least five years.

Supporting Documents:
Declaration: The buyer needs to submit a relevant declaration before the final contract is signed.
Proof of Disability (if applicable): In the case of a buyer with a disability rate of at least 67%, documentation supporting this status.
Zoning Plan Approval: Documentation confirming that the purchased plot is within the approved zoning plan of a municipality or community.
Proof of Buildability: Evidence that the purchased land is buildable at the time of purchase.
Declaration for Subsequent Purchases: If seeking exemption for subsequent purchases, a declaration and payment of a one-off tax corresponding to the value of the exempted property.
Proof of Ownership Duration: Documentation demonstrating ownership of the property for at least five years.
Exemptions for Farmers:Full exemption from transfer tax is provided for the purchase or exchange of agricultural or livestock land, along with facilities exclusively serving their operation, for all farmers (young, new entrants, or over 40).
Time Limits for VAT Imposition:The State’s right to impose VAT is time-barred after five years from the end of the year in which the declaration deadline expires and after fifteen years from the end of the year in which the exemption was granted, if conditions were not met.

It’s important to consult with a legal professional or tax advisor to ensure compliance with local regulations and to navigate the specific requirements of your situation.

I don’t have a notary that I work with. How do I choose someone?

Propertycheck.gr was created to cover all your needs for buying a property! Contact us and meet the notaries in our team!

What is the Lawyer’s fee for representation in the contract?

Transparent Legal Representation with Property-Check.gr

Wondering about the lawyer’s fee for representation in your contract? At property-check.gr, we prioritize top-notch services at the most competitive prices. Our lawyer’s fee is structured in accordance with the Code of Conduct for Lawyers, ensuring fairness and transparency.

Why Choose Us:
Quality Services: Benefit from the highest quality legal representation tailored to your needs.

Transparent Pricing:Our fees are based on industry standards and the Code of Conduct for Lawyers, providing you with clear and fair pricing.
Prompt Cost Estimates:Contact us for a detailed cost estimate, and within 24 hours, you’ll have a complete picture of the basic cost involved.

What is the notary’s fee for drawing up the contract?

At propertycheck.gr we make sure to provide the highest quality services at the lowest prices. The fee of our notaries is based on the Code of Notaries, at the following rate: For an amount up to 120,000.00 euros at a rate of 0.80% For an amount from 120,000.01 to 380,000.00 at a rate of 0.70% For an amount from 380,000, 01 to 2,000,000.00 euros at a rate of 0.65% For an amount from 2,000,000.01 to 5,000,000.00 euros at a rate of 0.55% For an amount from 5,000,000.01 to 8,000,000.00 euros at a rate of 0.50% For an amount from 8,000,000.01 to 10,000,000.00 euros at a rate of 0.40% For an amount from 10,000,000.01 to 12,000,000.00 euros at a rate of 0.30% For an amount from 12,000,000.01 to 20,000,000.00 euros at a rate of 0.25% For an amount from 20,000,000.01 and above at a rate of 0.10%

What are the supporting documents that the notary needs to draw up the contract?

The list you provided outlines the necessary supporting documents for a notary to draw up a contract for a real estate transaction. Here’s a breakdown of each document:

Contract (title of ownership) of the seller:The primary document demonstrating the seller’s ownership of the property.
Photocopies of the identity of the seller and the buyer:Valid identification documents for both the seller and the buyer.
Any power of attorney, in case the contract is signed by a third party:A power of attorney document if someone other than the seller or buyer is signing the contract on their behalf.
Tax Information of the seller:Documentation related to the seller’s tax status, which may include tax returns or certificates.
Insurance information from e-EFKA, in the case that the seller maintains a commercial enterprise or is a legal person:Insurance information from e-EFKA (Unified Social Security Organization), particularly relevant if the seller is a legal entity or has a commercial enterprise.
Land Sheet and Excerpt of Land Map, if the property is located in an area where a Land Registry Office operates:Documents related to the property’s registration and mapping, particularly if the property is in an area with a Land Registry Office.
Certificate of registered property, if a Land Registry Office operates in the area:A certificate confirming the property’s registration, especially if there is a Land Registry Office in the area.
Building permit:Documentation proving that the property has a valid building permit.
Topographic diagram or floor plan of the property:A visual representation of the property’s topography or layout.
Engineer’s Certificate on the non-existence of irregularities in the property:Certification from an engineer confirming that there are no irregularities with the property.
Energy Performance Certificate from an Engineer:Certification indicating the energy performance of the property.
Certificate of non-debt TAP, issued by the Municipality in which the seller’s property E9 is located:A certificate issued by the Municipality confirming that there are no outstanding debts related to the property.
EN.F.I.A. Certificate of the property:A certificate related to the Single Property Tax (EN.F.I.A.), which is a property tax in Greece.
It’s important to note that the specific requirements may vary based on local regulations and the nature of the transaction. Consulting with the notary involved in the transaction is crucial to ensure all necessary documents are provided and meet legal requirements.

Questions about the technical inspection of the property

What is the Electronic Real Estate Identity (EID)?

The HTK is the electronic file of a property. It is created by the responsible Engineer and submitted electronically in order to record and monitor the current state of the property (from its construction until today) and any subsequent changes. (Law on the protection of the built environment 4495/2017 (Official Gazette A167/3.11.2017).
The electronic property ID is necessary for the transfer of the property (excluding leases).
At the end of the procedure, the HTK Completion Certificate is issued which is granted for the Notarial deed.

What is the Energy Performance Certificate? Why do we need it?

An Energy Performance Certificate (EPC) is a document that outlines the energy efficiency of a property. It provides information about how energy-efficient a building is and offers suggestions to improve its efficiency. The main components of an EPC include: 1)Energy Efficiency Rating that rates the property on a scale from A to G, with A being the most energy-efficient and G the least. It helps potential buyers or tenants understand the energy efficiency of the property at a glance.2)Environmental Impact Rating that shows the environmental impact of the property in terms of carbon dioxide emissions. Again, it’s rated on a scale from A to G. 3)Recommendations for Improvements,the EPC typically includes suggestions for enhancing the property’s energy efficiency. These suggestions can range from simple, cost-effective measures like installing energy-efficient lighting to more significant changes like improving insulation or upgrading heating systems.Why do we need an EPC? 4)Transparency and Information. EPCs provide transparency about a property’s energy performance. They offer valuable information for potential buyers or tenants, helping them make informed decisions about the property they intend to purchase or rent. 5)Energy Efficiency Awareness that promote awareness about energy efficiency and encourage property owners to consider making improvements that can reduce energy consumption and lower utility bills. 6)Regulatory Compliance. In many countries, having an EPC is a legal requirement when selling or renting out a property. It’s part of efforts to promote energy efficiency and reduce carbon emissions in buildings.In essence, the EPC serves as a guide for both buyers and sellers or landlords and tenants, highlighting the energy efficiency of a property and suggesting steps to improve it. It’s an important document for promoting energy conservation and making properties more environmentally friendly.

Why is the Certificate of No Abuse required?

The Certificate of No Abuse, often known as a “Certificate of Good Standing” or “Clearance Certificate,” is a document sometimes required in various legal or administrative processes. Its primary purpose is to confirm that an individual, typically related to legal matters or financial transactions, has no pending or unresolved issues regarding abuse or neglect allegations.The certificate serves several purposes. In cases involving adoptions, guardianships, foster care, or similar situations where an individual’s suitability or eligibility to care for others is under consideration, this certificate helps confirm that there are no known cases of abuse or neglect associated with that person. In some jurisdictions, when buying or selling property, particularly if the buyer intends to use it for certain purposes (like child care facilities, schools, etc.), a Certificate of No Abuse might be required to ensure the property owner or buyer has no history of abuse allegations. Some professions, such as teaching, childcare, healthcare, and others that involve working with vulnerable populations, may require this certificate as part of the licensing or accreditation process. Furthermore during adoption processes or custody battles, authorities might request this certificate to ensure the individual seeking custody or adoption rights has no history of abuse or neglect.It’s important to note that the specific requirements and reasons for needing a Certificate of No Abuse can vary significantly depending on local laws, regulations, and the context in which it’s being requested. Its purpose is primarily to safeguard the welfare of individuals, especially vulnerable populations such as children, the elderly, or individuals with disabilities, by ensuring that those who have a history of abuse or neglect are not involved in situations where they could cause harm.

Does parental support require the same process as the buying and selling process?

Yes, the parental provision in terms of the property’s urban planning file requires the completeness and correctness of all documents and Certificates concerning a purchase and sale.
Parental support typically does not require the same formalized process as the buying and selling of property. While the process of acquiring financial assistance from parents for a property-related transaction involves legal and financial considerations, it usually follows a less formal structure than a property transaction. 
Here’s an analysis in English:
Informal Nature:Parental support tends to be more informal compared to the structured and often legally binding processes involved in property transactions. It is a personal arrangement between family members rather than a transaction with legal obligations.
Lack of Real Estate Procedures:Unlike property transactions that follow specific real estate procedures involving agents, contracts, and legal documents, parental support lacks the same formalities. It’s more about family dynamics and personal agreements.
Personal Agreements:Parental support is often based on personal agreements between parents and their children. This could involve verbal discussions, informal written agreements, or even unwritten family understandings, depending on the level of formality desired.
Limited Legal Involvement:While legal advice might be sought to ensure compliance with relevant laws and regulations, the legal involvement in parental support is generally less extensive compared to the legalities involved in property transactions.
Flexibility in Terms:Parental support allows for more flexibility in terms and conditions. Unlike property transactions with standardized legal documents, the terms of parental support can be adjusted based on the needs and preferences of the parties involved.
Emphasis on Trust and Understanding:The emphasis in parental support is often on trust and understanding within the family. Legalities play a secondary role to the family’s dynamics and the willingness of parents to financially assist their children.
Fewer Formal Documents:While property transactions involve a series of formal documents (purchase agreements, deeds, etc.), parental support might only require a simpler agreement outlining the terms of financial assistance. It is generally less bureaucratic.
Personal Finance Considerations:Parental support involves considerations related to personal finance and family dynamics, while property transactions often have more stringent financial and legal requirements involving banks, real estate agents, and legal professionals.
In summary, while parental support and property transactions both involve financial considerations and may require legal advice, parental support is typically a more informal and personal arrangement, emphasizing family dynamics and individual agreements.

I am the full owner of my property but at a percentage of 50%, who is the competent owner to create the transfer file of the property?

For the complete drafting of the transfer file, the co-signing of a Responsible Declaration by 100% of the ownership of the property is required.

I have a complete file for the property I want to transfer from previous deeds (Town Planning and Notarial), do I need to do anything else?

As far as the Town Planning acts that follow a property are concerned, they are valid as per The Certificates and Attestations issued and certifying the above acts have an expiry date and are renewed with a new autopsy by a competent Engineer, who certifies the existing situation or any changes.

If you have a complete file for the property you want to transfer, including documentation from town planning and notarial records, you’ve likely covered crucial aspects of the property transfer process. However, it’s essential to ensure that you’ve addressed all necessary steps and complied with local regulations. Here’s a checklist of considerations:

Legal Review: Engage a legal professional to review your complete file. They can ensure that all documents are in order, and there are no legal issues or discrepancies.

Title Deed Verification: Confirm that the title deed is accurate and up-to-date. Any discrepancies or errors should be addressed before proceeding with the transfer.

Property Taxes: Ensure that property taxes are up to date. Clear any outstanding tax obligations to prevent delays in the transfer process.

Mortgage Clearance: If there is an existing mortgage on the property, ensure that it is cleared or appropriately addressed as part of the transfer process.

Notary Public Approval: If your file includes notarial documents, ensure that they have been approved by a notary public. This is crucial for the legal validity of the transfer.

Town Planning Compliance: Verify that the property complies with town planning regulations. This includes zoning requirements, land use restrictions, and any other regulations set by local authorities.

Survey and Boundaries: Confirm that the property boundaries align with the information provided in your documentation. A recent survey may be required to ensure accuracy.

Outstanding Liabilities: Check for any outstanding liabilities or encumbrances on the property. Addressing these beforehand can prevent complications during the transfer.

Consents and Approvals: Ensure that you have obtained any necessary consents or approvals required for the transfer, especially if there are multiple owners or stakeholders involved.

Completion of Preliminary Contracts: If preliminary contracts were part of your file, ensure that they are completed and signed by all relevant parties.

Verification of Seller’s Identity: Verify the identity of the seller to prevent potential fraud. This is especially important in property transactions.

Finalize Purchase Agreement: If not already done, finalize the purchase agreement, specifying the terms and conditions of the transfer.

Escrow Arrangements: If using an escrow service, ensure that the funds are deposited securely and that the conditions for releasing them are clearly defined.