Real estate lawyer Budapest

Civil law is the most common area of law, which is present in the life of every person, even in its simplest form, whether it is a sale and purchase of a real estate, the formation of a company, an inheritance dispute, or any civil litigation. Even in a seemingly simple civil court case or non-litigation procedure, it is important to choose the right lawyer with sufficient expertise in civil law.

Kecser Law Firm has extensive experience in civil law, including inheritance law, corporate law and real estate law. Below we will discuss real estate law in more detail, the other topics are available by clicking on the relevant topic under separate subheadings.

The role of the real estate lawyer

For most people, the real estate they want to buy, sell, rent or lease is their most asset in their life. For this reason, it is essential that these contracts of sale, donation or lease are drafted with the appropriate legal expertise, covering the most important details and contractual terms, and that the interests of the parties are properly represented. In layman's terms, the role of the "real estate lawyer" is therefore to draw up the right contractual terms and conditions, ideal for both parties, to inform the client of any tax and duty obligations, to liaise with the land registry and, last but not least, to draw up a contract that will make the transaction quick and simple.

Real estate sale and purchase

Buying a real estate is a complex process. Legislation requires a written contract of sale, countersigned by a lawyer, with mandatory contents, for the sale to be valid.

The procedure for the sale and purchase of real estate can be summarised as follows:

1. Negotiations between the parties: the parties agree on the purchase price, payment dates and schedule, the procedure for taking possession of the property, and any other conditions that are relevant to their agreement (for example, the fate of the furniture in the property).
2. Checking the title deeds of the property: the lawyer will always check the title deeds of the property from the register and check the rights and encumbrances on the property. In the contract of sale and purchase, the parties, in particular the seller, must make a declaration to this effect. In addition, one of the validation requirements on the day of the conclusion of the contract of sale is to consult and check the title deeds.
3. Transfer of the deposit: If the parties agree on a clause, the deposit is included in the purchase price. The deposit shall be paid at the earliest at the time of signing the contract, in accordance with the applicable rules.
4. Drafting the contract: The lawyer prepares a draft contract, which will be sent to the parties for a review. There is the possibility of making changes, of negotiating with each other to achieve the best possible contractual terms for all parties.
5. Finalising the contract: The lawyer will also check the contract for compliance with the law at this point and finalise it on the basis of the parties’ negotiation.
6. Conclusion of contract, administration at the land registry: Once the contract has been signed and countersigned, the lawyer submits the contract and the necessary annexes to the land registry. The lawyer will then liaise with the land registry to ensure that the ownership title is duly registered based on the contract of sale and purchase.
7. Land registry decision: the land registry issues a decision to remove the seller's ownership title from the register and to register the buyer's ownership title in accordance with the contract.

Kecser Law Firm is at the client's disposal throughout the real estate transaction, providing detailed information on the process and ensuring the rapid preparation of the appropriate documents. The lawyer's fee is typically a fixed percentage of the purchase price, as agreed.

Lease agreement

The lease agreement is another simple-looking transaction that often occurs in everyday life. In this case, legal representation is not mandatory but recommended, given the necessary detail and complexity of the contract. In the event of a dispute arising out of a lease, it is of paramount importance that the lease is drafted in a clear and unambiguous manner.

The lease contract must also comply with a number of legal requirements, failing which the contract will be invalid. Typically, template contracts on the internet contain only the main elements. However, Kecser Law Firm can help you to ensure that, in addition to the mandatory elements, the contract is not a generic template but is drafted according to your individual needs, clearly and precisely.

Donation agreement

The counterpart to a contract of sale is a contract of donation. The donation of real estate is also a fairly common transaction. It is important to say that the donation of something of greater value, especially as gifts of more than HUF 150 000 are subject to duty under the relevant legislation. The general rate of gift duty is 18% of the net value of the gift (9% for residential real estates), but it is always necessary to check whether the conditions for exemption or reduction of duty apply. The attorney's fee for a donation contract for real estate, or for any other type of gift contract, will be determined by agreement between the firm and the parties, depending on the subject matter of the contract.

Kecser Law Firm will help you to find your way around the obligation to pay the fee and the details of the gift contract, as well as to prepare and put the gift contract into writing, if necessary.

For the right law firm for real estate law, contact Kecser Law Firm.