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Chania Property Purchase: Do I need a lawyer? The supervision of an independent Greek property lawyer when buying property in Crete is very important as real estate law in Greece is complex and requires an independent, competent, honest professional to search property titles for defects or burdens, supervise, co-draft and approve the process of buying property in Chania, Crete, Greece.
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Lawyer representation for a property sale contract is not mandatory by law in Greece. Nevertheless, buyers of real estate are typically always represented by a lawyer.
The lawyer carries out the necessary Land Register searches, draws up the contract document and also signs the contract of sale, while ensuring the buyer’s rights are adequately secured during the transaction. The lawyer should also ensure the property is free of any mortgage notes, claims, expropriations, rights-of-way and, in general, any legal issues.
The lawyer can make the following necessary acts in behalf of the property purchaser:
Issues a Tax Registration Number for the property purchaser (client) from the competent Tax office. The Tax Registration Number is unique for each person and is a necessary condition for the purchase of real estate as it is the official tax identification of the buyer.
Performs an evaluation of the property deeds of the seller in the competent Land Registry/ Cadastral Office (Ypothikofulakeio). The legal order and correctness of the deeds of ownership and also the presence of mortgages, claims, sequestrations and rentals are being evaluated and assessed. This legal assessment concerns not only the property seller but also all the previous owners of the property and covers the time until the first registration of the deeds of ownership of the previous owners in the Land Registry office.
Beside the legal assessment based to the new property laws in Greece, a civil engineer has to perform a technical control of the property and issue a certificate that the construction is realized according to the official plans of the building permission. In case the property is a plot, the civil engineer issues a certificate that there are no buildings constructed in the plot yet. This technical control is very important for the security of the property buyer and the relevant certificates are attached to the purchase contract.
In collaboration with the notary the lawyer composes the official purchase / sale contract and is present with the client during its signature. Afterwards, the lawyer deposits the copy of the purchase contract in the Land Registry/Cadastral Office for its registration.
The appointment of a lawyer is done through a notarial document – power of attorney. A general power of attorney gives broad powers to a lawyer (known as an attorney-in-fact) to act in the behalf of the property buyer. These powers include handling financial and business transactions, settling claims, operating business interests and employing professional help to facilitate your property purchasing process. Having an attorney oversee the transaction ensures that both parties are aware of the applicable legal requirements and all parties are satisfying their duties under the purchase agreement.
General power of attorney is an effective tool if you will be out of the country and need someone to handle certain matters, or when you are physically or mentally incapable of managing your affairs. A general power of attorney is often included in the property purchasing procedures to represent the buyer in the whole process and make any necessary act on his/her behalf (for example open a Greek bank account, issue a Tax Registration Number, pay the price and sign the purchase contract).
This power of attorney, if the buyer is in Greece, is composed in Greek language before a Greek notary, with the physical presence of a translator. In the case the buyer is not possible to be in Greece, there are the following options:
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact ARENCORES team.
At ARENCORES we select the target reference by identifying serious and trustworthy potential buyers for your property. We enhance the commercial appeal of our listings using dedicated research and services such as property documentation reports and targeted marketing strategies,
Thanks to years of experience in the real estate market of Chania ARENCORES, has reached a level of specialisation and professionalism designed to increase and significantly improve the range of services offered.
We intend to create a trust-based relationship with our clients by offering our expertise and all our resources to guarantee a successful transaction in a short-time frame.
ARENCORES, is located on 26, Stratigou Tzanakaki Street, 73134, Chania, Crete – office hours are 8:30 a.m. – 5:00 p.m. Monday through Friday.
For any questions or to set an appointment, please contact our team at +30 2821112777 or send us an email at firstname.lastname@example.org.
For more information on the necessary steps for the acquisition of real estate property in Chania please visit the Property Buyers Page. The page provides several detailed and informative guides to facilitate your real estate decision and property purchase process.
In co-operation with independent lawyers, attorneys and law firms in Chania and through our national and international cooperation network, ARENCORES can provide a response to various legal related real estate inquiries.
Our partners are providing specialized real estate services based on a profound knowledge of the different legal systems and act as international consultants on bi-national legal issues.
All our partners have an intercultural background and specialize in real estate international law, usually as the result of many years’ residence, study and professional practice in several countries.
Whether you’re looking for a detached house, a city center apartment or an office space, our guide will take you through all the required stages, from choosing a property which has the right usage classification to the finer points of the property transaction contracts and completion
Thanks to a selected portfolio which includes luxury apartments, villas and land estates, ARENCORES is able to offer professional guidance in the choice of your ideal property in Crete, with the support of its expertise and local knowledge combined with total confidentiality, exceptional ethical performance, transparency and reserve.