Professional Real Estate Legal Services

Our experienced team of lawyers in Romania specializes in comprehensive real estate law, from property purchase and sale to leasing, construction, and investment transactions.

We understand that navigating the legal aspects of real estate transactions can be complex, especially when it involves complying with Romanian property laws. It’s crucial to have reliable guidance throughout the process to ensure a smooth and protected transaction.

Real Estate Legal Services

We provide comprehensive legal services throughout the entire real estate transaction process:

Comprehensive Legal Due Diligence

Conducting thorough due diligence is a crucial aspect of any real estate transaction. Our knowledgeable Romanian attorneys meticulously examine all relevant documents and records to identify any potential title defects, liens, or other problems that may impact the property.

Due Diligence Services

• Title Examination: Comprehensive review of property ownership and title history
• Lien and Encumbrance Search: Identification of any mortgages, liens, or encumbrances on the property
• Cadastral Record Review: Verification of property boundaries and ownership records
• Municipal Record Search: Examination of local government records and property history
• Tax Compliance: Verification of current tax status and outstanding tax obligations
• Utility and Service Records: Review of utility connections and service agreements

Property Analysis

• Zoning and land use compliance verification
• Environmental and contamination assessment
• Building permits and regulatory compliance
• Structural condition and defect analysis
• Ownership documentation authentication
• Transaction history and chain of title

Risk Identification

We conduct a detailed review of cadastral records to ensure that the ownership and property boundaries align with the seller’s representations. This comprehensive approach ensures that you have a clear understanding of the property’s legal status, giving you confidence as you navigate the Romanian real estate market.

• Potential title defects and ownership issues
• Legal encumbrances and restrictions
• Boundary and survey issues
• Outstanding liabilities and obligations
• Regulatory compliance concerns
• Hidden liens or claims

Negotiating Optimal Contract Terms

Crafting a solid purchase agreement is essential to protect your interests as a buyer or seller. Our lawyers in Romania leverage their negotiation skills and extensive experience to help you secure the most favorable contract terms under Romanian property law.

Purchase Agreement Services

• Agreement Drafting: Customized purchase agreements reflecting your interests
• Term Negotiation: Negotiating favorable terms and conditions
• Contingency Clauses: Including appropriate contingencies for inspections and financing
• Closing Timeline: Establishing realistic and manageable closing schedules
• Price and Payment Terms: Negotiating purchase price and payment arrangements
• Seller Representations: Obtaining warranties about property condition and status

Protection Mechanisms

• Inspection contingencies and remediation rights
• Defect disclosure and liability provisions
• Financing contingencies and loan conditions
• Title insurance and warranty provisions
• Escrow and deposit arrangements
• Default and remedy provisions

Our Goal

We understand the importance of safeguarding you against any undisclosed defects or unforeseen issues that may arise during the transaction. Our goal is to ensure that you enter the transaction with confidence and peace of mind, knowing that your rights are protected.

Coordinating Seamless Closing Experience

The closing of a real estate transaction is a critical step that requires meticulous attention to detail. Our team will coordinate the final closing meeting with the notary, adhering to the regulations set forth in Romanian property law.

Closing Coordination Services

• Document Preparation: Preparation of all required closing documents
• Notary Coordination: Scheduling and coordinating with the public notary
• Final Review: Thorough review of all closing documents
• Fee Coordination: Coordination of closing costs and transfer fees
• Fund Management: Coordinating funds transfer and payment arrangements
• Registry Filing: Filing documents with the land registry after closing

Closing Document Verification

During this process, we thoroughly review all the documents to ensure that they accurately reflect the agreed-upon terms. We verify that the property is registered in your name without any discrepancies.

• Document accuracy and completeness verification
• Property registration confirmation
• Title transfer verification
• Notarial certification review
• Registry filing confirmation
• Post-closing documentation receipt

Property Purchase Services

Residential Property Purchase

• Home purchase agreement preparation and negotiation
• Property inspection coordination and review
• Title examination and property survey
• Financing coordination with lenders
• Closing coordination and document review
• Registry registration and title transfer

Commercial Property Purchase

• Commercial property purchase agreements
• Business assessment and operational review
• Lease review and tenant agreements
• Financial and tax record examination
• Environmental and zoning compliance
• Commercial financing coordination

Land Purchase

• Land purchase agreements
• Boundary survey and verification
• Zoning and development potential analysis
• Environmental assessment
• Utility availability verification
• Future development considerations

Property Sale Services

Seller Representation

• Sale agreement preparation and negotiation
• Buyer qualification and offer assessment
• Disclosure requirements and compliance
• Property documentation assembly
• Closing coordination and execution
• Title transfer and registry filing

Title and Ownership Issues

• Clear title verification and documentation
• Lien and encumbrance resolution
• Multiple ownership coordination
• Inheritance property sales
• Title defect remediation
• Boundary and survey disputes

Post-Sale Support

• Registry registration assistance
• Tax compliance documentation
• Warranty provision management
• Dispute resolution support

Lease and Rental Agreements

Residential Lease Preparation

• Lease agreement drafting and customization
• Tenant screening and qualification
• Lease term negotiation
• Security deposit provisions
• Maintenance and repair responsibilities
• Tenant rights and landlord obligations

Commercial Lease Services

• Commercial lease negotiation and drafting
• Tenant improvement agreements
• Option and renewal provisions
• Rent adjustment and escalation clauses
• Default and eviction provisions
• Lease assignment and subletting terms

Lease Management and Dispute Resolution

• Lease modification and amendment
• Tenant dispute resolution
• Eviction proceedings
• Lease termination and exit procedures
• Security deposit disputes

Construction and Property Development

Construction Contracts

• Contractor agreement preparation and negotiation
• Fixed-price and cost-plus contract structures
• Scope of work definition and specifications
• Timeline and milestone provisions
• Payment schedule and retention clauses
• Quality assurance and warranty provisions

Development and Zoning

• Zoning compliance verification
• Development permit assistance
• Building permit coordination
• Urban planning compliance
• Environmental permit requirements
• Regulatory approval process

Subdivision and Boundary Issues

• Property subdivision planning and legal procedures
• Boundary line resolution
• Survey and mapping issues
• Easement and right-of-way matters
• Encroachment disputes
• Adverse possession concerns

Land Registration and Documentation

Registration Services

• Property registration with the Romanian Land Registry
• Cadastral documentation and surveys
• Title transfer and registration
• Fiscal role creation and modification
• Registry correction and amendment procedures
• Historic property documentation

Documentation Support

• Obtaining cadastral documentation and maps
• Land survey coordination
• Title examination reports
• Ownership documentation verification
• Registry extract preparation
• Certificate of registration

Administrative Representation

• Representation before land registry office
• Representation before municipal authorities
• Licensing and authorization assistance
• Permit and certificate applications
• Administrative appeal proceedings

Why Choose Atrium for Real Estate Law?

Frequently Asked Questions

What are the main steps in buying property in Romania?

The main steps are: (1) finding a property, (2) negotiating purchase price, (3) conducting due diligence, (4) drafting and signing a purchase agreement, (5) arranging financing, (6) conducting final inspection, (7) meeting with notary for closing, and (8) registering the property in your name.

What is the role of the public notary in property transactions?

The public notary in Romania has a critical role in property transactions. The notary authenticates the transaction, ensures legal compliance, drafts the deed, verifies parties’ identity and capacity, and ensures the document meets all legal requirements. The notary is impartial and protects both parties’ interests.

How long does property registration take?

Property registration typically takes 1-3 months from the time the notarial deed is executed, depending on the land registry office workload and any potential issues with the application. We coordinate the process and track the status.

Can foreigners buy property in Romania?

Generally, yes. Foreign individuals and legal entities can purchase property in Romania, but there are some restrictions. For example, agricultural land purchases by foreigners face restrictions. We advise on specific restrictions based on your situation and property type.

What taxes are due on property purchase?

Property purchase is subject to transfer tax (payable by the buyer) and potentially stamp duty. Tax rates vary but typically are around 3-4% of purchase price for transfer tax. There may also be notarial fees. We calculate all applicable fees upfront.

What is title insurance?

Title insurance protects property owners against losses due to title defects or claims to the property. While not mandatory in Romania, it’s highly recommended. We discuss title insurance options and recommendations.

What happens if there’s a title defect discovered?

Title defects can significantly impact property ownership and value. We work to identify and resolve defects before closing, through clarification with sellers, registry correction, or negotiation of reduced purchase price to account for the defect.

Can I return property after purchase?

Once registered, property ownership is generally final. However, certain grounds exist for rescission, including fraud or material misrepresentation. Provisions in the purchase agreement may also provide limited return rights within a specified period.

What is the process for renting out property?

We prepare comprehensive rental agreements that comply with Romanian law, clarify landlord and tenant responsibilities, and protect your interests. We can also advise on tax obligations and rental income reporting.

What disputes might arise in real estate transactions?

Common disputes include boundary disagreements, undisclosed defects, title issues, non-performance of contractual obligations, and disputes with neighbors. We help resolve disputes through negotiation, mediation, or litigation as needed.