Buying a real estate is one of the most important decisions of our lives. To ensure a successful and trouble-free sale and purchase, it is essential to have a thorough understanding of the legal and technical situation of the property before signing the contract. That is why we have put together a comprehensive list of questions and topics to help you find your way around the most important areas.
1. Clarification of ownership
The accurate knowledge of the real estate’s ownership status is essential. It’s not enough to know who the seller is – you need to know the identity of all the owners, their rights and any restrictions. In case of condominiums in particular, there are a number of additional documents to check.
Basic documents
- Can we request a current, complete title deed copy?
- In case of condominiums:
- View of the Deed of Foundation
- Overview of the ROO (Rules of Organization and Operation)
- Clarification of possible pre-emption rights
Owners
- How many owners does the real estate have?
- In case of more owners:
- Is the other owner a spouse or a life partner?
- Are there any minor owners?
- Are there any owners under guardianship?
- Do the other owners also agree to the sale and its terms? (e.g. no disputes on the purchase price?)
- Do you have a power of attorney from the other owners or does everyone act independently?
Underground garage (if any)
- Exact location, size and ownership ratio
- How many m2 is the parking place/bicycle storage/storage and how much of the garage or rather the condominium does it represent? Is there a floor plan of this?
- Clarification of rights of use
- If it is a parking space in undivided common ownership, is it regulated exactly where, which painted space is the one to which the seller has exclusive use, which he/she/it is now selling together with the apartment?
2. Free of all liens, claims and encumbrances
Existing encumbrances or disputes on the property can have a significant impact on the purchase and subsequent use. It is important to identify any circumstances that may restrain the undisturbed possession or cause extra costs in the future.
Status of the real estate
- Function and official denomination of the property
- What is it’s denomination in the land register: apartment/house/cottage, other?
- Location (urbanized area/suburb area/garden plot)
Burdens and rights
If we don’t see a title deed copy, we shall ask the seller to tell us if the property is encumbered with:
- Usufruct right – if yes, who owns it, for how long: for a fixed period/until death?
- Mortgage or independent pledge
- Other burdens
- Suit procedure records
- Is there a pending lawsuit concerning the real estate that has not yet been recorded on the title deed of the property?
- Is there any circumstance that threatens with a lawsuit affecting the real estate?
- Is there any right of use (e.g. lease agreement, courtesy use of flat)?
- Is the property is a registered seat/site/branch office of a company? If so, of how many and whether there are any contacts with them, can they arrange the company registration of changes procedure after the transfer of possession?
Neighbourhood relations
- Possible disputes, disagreements
- Are relations with the neighbours well-tended?
- Were/are there any possession protection proceedings pending?
3. Technical condition and renovation options
The technical condition of the property not only determines its current usability, but also has a significant impact on future costs. Structural problems, outdated systems or lack of insulation are all factors that can lead to serious costs later on.
Basic data
- Plot area (based on title deed copy) and location, superstructure (based on land registry map)
- Year of construction
- Date of the occupancy permit
- Useful floor area
- Maximum rate of real estate development? Relevant in case of possible extension.
- If there is no fence, is it possible to build a fence on the plot according to the local building regulations or municipal decree?
Structural information
- Type of construction material – Built of brick? If not, of what, if yes, of what kind of brick?
- Ceiling material
- Condition and material of roof
- Existence and quality of insulation
- Is there insulation, both on the walls and under the roof?
- Type and condition of windows and doors
- Have they been replaced? If so, when?
Mechanical engineering and public utilities
- Electrical system (wiring, phases, amperes)
- What are electrical wires made of?
- How many phases are connected? How many amperes are available, can an extension be requested?
- Condition of heating system and chimney
- Condition of water pipelines
- What is the condition of the hot water supply and pipes, have they been replaced?
- Sewer or digester
- Existence of garden tap, well
- Solar system
- If there are solar panels, how are they installed and how is the energy billed?
Documentation
- Technical drawings and floor plans
- Are the floor plans (+ as-built drawings) for the construction technical specifications available?
- Energetic certificate, classification of the property
- Documentation of possible renovations
- Has there been any renovation? If so, when and what was affected?
- Are there any known problems or errors?
4. Financial aspects
The purchase price is only part of the total cost picture. It is important to clarify the payment terms and conditions and to identify any debts or costs associated with the property, as the buyer may also be responsible for assuming or settling these.
Purchase price and payment
- Exact asking price or purchase price
- What is the exact purchase price of the property? Is it an asking price?
- Bargaining possibilities
- How far is the seller willing to go down in price?
- Payment schedule
Costs and debts
- Are there any public utility debts?
- Are there any arrears of common charges?
- Meter ownership and transcription options
- In whose name are the meters registered?
- If not in the owner’s name, is the death certificate available for the transfer or does the owner need to apply for a new one?
5. Practical questions
The practical aspects of day-to-day use are often overshadowed by legal and technical issues, however, these will have a major impact on our time in the property. Finding out the reason of selling the real estate and exploring the area can provide valuable information to help us to make our decision.
- Reason of sale
- Is the property currently occupied? If unoccupied, for how long?
- What is the expected date of handover?
- Livability and development prospects of the area.
This summary applies to general cases. In specific situations, additional issues may arise and it is therefore recommended that you consult a real estate lawyer and/or a technical expert before making a specific offer.
This information is not comprehensive and does not constitute legal advice or an offer. Should you have any further legal questions or queries please contact us via our contact details (https://katonareka.hu/en/contact/).
This blog article was also published on the following website with the same content in Hungarian language:
https://tudastar.money.hu/ismerteto/ingatlanvasarlok-utmutatoja-a-legfontosabb-kerdesek-amiket-fel-kell-tenni-az-eladonak/
