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Real estates lawyer Bulgaria

Our professional property lawyers team and assist the customer through the whole purchase or sale procedure from real estates lawyer Bulgaria.

Our Bulgarian lawyers, even they are real estate company’s lawyers guarantee and makes you sure that the transaction is legal,

The seller or the buyer understand each legal action

He works with purchasers, buyers and sellers of apartments, houses, plots of land, agricultural land, mortgages, bank loans, loan applications, tenants.

We advise always to use a property lawyer services because the past two years a lot of problems occurred with the real estates properties in Bulgaria.

Before it was believed that the real estate agent was enough to assist you.

+LEGAL CHECK OF DOCUMENTSReal estates lawyer Bulgaria

If you are a seller in a real estate transaction, our law firm can offer full legal services, including the following:

– we prepare a project and coordinate amendments to the text of a preliminary contract for sale and purchase of real estate;

– we inspect, advise and assist you in obtaining the necessary documents for the sale, including, but not limited to:

  • a certificate of tax assessment of the property;
  • certificate of marital status;
  • certificate of marital regime;
  • certificate of presence/absence of material encumbrances;
  • previous property acts;
  • cadastral scheme of the property by the GCCA, and others;
  • Filing a corrective declaration under Article 14 of the LTFA;

– we perform a check on the buyer – their representative power, availability of information about court cases against them, and other relevant information;

– we prepare and make amendments (if needed) to the draft title deed, assist our clients before the notary public and accompany the client on the day of the transaction;

– we assist our clients in obtaining possession of the property, including the preparation of a acceptance and delivery certificate, if such is needed and agreed;

– we coordinate the communication with the lending bank, if the buyer is going to use a loan for the purchase, we monitor the issuance of a letter of engagement;

– we cooperate, if the sale price will be paid through a trust account contract/escrow account;

In addition, although we are not financial advisers, we can provide you with guidance on the approximate real market price of the property, which you can receive from eventual sale.

We can represent you as a client in property issue throughout the whole process

If necessary, we can sign the new notarial deed on your behalf as seller and deliver possession of the property to your buyer.

We also offer legal assistance in solving problems related to the Cadaster and Property Register Act, problems with property boundaries, unresolved regulatory bills, precise registration of apartments, houses and plots in the schemes issued by GCCA, as well as with the preparation and supply of all the necessary documentation.

Should you have any questions or need information on the above legal services, please

Real estates lawyer Bulgaria

But the Bulgarian property lawyer is the attorney who will be useful in practically all cases, including any legal stops in Bulgaria, contract negotiations and mortgages.

Some of the purchase contracts are standardized, others have ambiguous terms

In that case you need a property lawyer who is profound into the Bulgarian property legislation.

Our legal services include legal activities in following activities like: 

  1. Legal representation during sale and purchase of real property;
  2. Provision of any documents required for the purposes of legally confirming property status;
  3. Obtaining a certificate for entries, recordations or deletions;
  4. Performing checks within the archive records at the Registry Agency
  5. Legal check for the choosen property – a legal entity and clarifying circumstances that are vital for the transfer of the real property,
  6. lawsuits against the seller, which may affect the property.
  7. Drafting, preparation, signing, termination, and rescission of contracts for purchase and sale of real estate.

Preparation of notary notices for cancellation of preliminary contract for the sale of real estate.

Full legal assistance and representation in court during court cases for a refund of paid deposit as per a signed preliminary contract.Real estates lawyer Bulgaria

Legal representation by real property lawyer during legal proceedings under Article 19 of Contracts and Obligations Act for the announcement of a preliminary contract as final.

Full representation of a seller or a buyer during the signing of a title deed and the related procedure of declaring the property at the local municipality.

Legal representation during court proceedings for property aqusition.

Valuation of real estate properties by a competent licensed appraiser and obtaining the relevant valuation within a period of up to few days.

Our work for investor clients is at the heart of our real estate lawyers group.

We are committed to all aspects of the real estate law and we are able to service all requirements of our real estate investor clients. Real estates lawyer Bulgaria

Our experience includes not only the preparation of straightforward sales, purchases and leases but also the preparation of most complex deals

Legal advice on the structuring and financing of such deals.

Our real estate lawyers work in close cooperation with our tax law experts in order to provide you with a working solution that is to meet all your requirements and to cover all aspects of your deal.Real estates lawyer Bulgaria

In particular, our work in this area includes:

  • Preparation of due diligence reports related to prospective purchases or leases of real estates;
  • Preparation of sale agreements;
  • Preparation of short or long term lease agreements;
  • Advice on the organization of the design and construction processes;
  • Preparation of construction agreements;
  • Preparation of design agreements;
  • Review and preparation of agreements with supervision companies;
  • Organization and preparation of deals that require an escrow payment;
  • Provision of tax advice on all aspects of the real estate deals.

POWER OF ATTORNEY IN BULGARIA

Every Bulgarian authority require a written power of attorney (PoA), when a proxy is going to check his rights or manage something in Bulgaria.

Usually the power of attorney has been  used in Bulgaria when there is a need to appoint a person (natural or legal) to perform legal actions on behalf of another.

This type of legal document can be particularly prepared by the Bulgarian solicitor and be very useful for foreign entrepreneurs who have businesses in Bulgaria, but they cannot be in the Bulgaria  to sign their building permissions or other  important documents.

Our law office recommended that the appointed individual is trustworthy c lawyers, because the legal actions which are performed on the basis of the power of attorney have direct legal effect in the legal area of the principal.

The principal is deemed obliged by the legal actions of the legal representative – mostly lawyer or solicitors in Bulgaria.

Some legal actions could be completed by the appointed person, who needs to be an attorney-at-law.

For others, the power of attorney must be prepared explicit; meaning that it should contains the specific and concrete activities, which the legal representative might perform.

You should make a difference with the general power of attorney.

In some instances the power of attorney in Bulgaria must be notarized & legalized with an apostille in order to be deemed valid.

Our lawyers in Bulgaria can help you with any legal procedures and provide you with support concerning the draft up a power of attorney.

Legal content of a power of attorney

The empowered person may receive the rights to performing legal actions & representative power on behalf of the principal.

The content of a power of attorney is thus adjustable according to the specific legal needs of the concrete transactions or the specific type of businesses.

The power of attorney might be issued as a general one or may serve only for a specific purpose

As an example we talks about concluding a legal representation in a contract or before he Notary public in Bulgaria.

Therefore, in Bulgaria, individuals or legal entities may choose to draft up a different type of power of attorney that allows them to appoint a special physical person

This is a person, who shall represent their affairs, when they will no longer be able to doing this.

The requirement for the preparation of power of attorney in Bulgaria includes different legal rights for: extrajudicial legal representation, representation before Bulgarian courts of law or arbitral court in the country.

The representative person must be an attorney-at-law as a legal requirement, to represent the companies before the Bulgarian administrative authorities

We draft documents for the following cases as:

  1. Entering into agreements, including arbitration agreements,
  2. Entering into settlements,
  3. Receiving and issuing payments,
  4. securities, dealing with matters regarding debt collection
  5. Documents of liegal dispute for litigation cases in Bulgaria,
  6. Representation in inheritance cases or even representation in criminal cases

DRAFTING UP A POWER OF ATTORNEY IN BULGARIAPOWER OF ATTORNEY IN BULGARIA

The draft of the power of attorney in Bulgaria must contain complete and correct identifications & legal information regarding concerning the empowered person as well as the principal.

It is recommended  also to contain the place and date when it is issued.

It should be borne in mind that the document should contain only the principal’s signature but not of the empowered person.

As we have already mentioned, the signature of the power of attorney should be notarized in some rather frequent cases before the appropriate Notary public or consular section in the Bulgarian embassies abroad.

As civil lawyers in Bulgaria we would like to pay attention on the fact, that the draft of power of attorney could be signed before a Bulgarian notary or a Bulgarian consulate in the Bulgarian embassies.

The authorities in Bulgaria require a notarized power of attorney, which need to be signed before the Bulgarian consulate in Bulgarian language.

If any of the aforesaid actions cannot be performed for some reason, you may sign the power of attorney before a notary public in your home country but in this case you will need to perform additional actions to legalize it in Bulgaria.

Verification of the power of attorney

With the amendments made to the local legislation in 2008 through the acceptance of the new Civil Code, a new requirement has been imposed.

Powers of attorney that create rights for performing real estate transactions in a deed form, such as acquisition-sale contracts related to immovable properties, establishment of building right, or a mortgage, must receive notary witnessing for both signature and content according to art.37 of the local Contracts and Obligations Act (COA), witnessed by local Bulgarian notaries.

This represents an aggregation of two individual verifications for the power of attorney.POWER OF ATTORNEY IN BULGARIA

The verification of the signature of the authorizer and the verification of the content (clauses) of the document should be performed by the notary public on the same day, with their registration numbers in his/her records following in sequence.

Our support & legal praxis 

However, this option will take some weeks or months (depending on whether an Apostille stamp might be put on the document) and you will entail additional costs.

If there are no provisions in the document stating otherwise, a power of attorney’s effect will not expire until the death, loss of capacity to act (due to mental illness) or the termination of the legal entity of either the principal or the empowered person.

However, the power of attorney might be revoked at any time at the sole discretion of the principal.

When you need a limited time power of attorney might also be issued for affairs that have a limited duration.POWER OF ATTORNEY IN BULGARIA

If you want to open a Bulgarian company, a power of attorney is the tool you need in order to empower another person to deal with all incorporation procedures, including any necessary banking activities.

As conveyancers of Bulgarian property, we are acutely aware of the legal framework governing local properties and the need to prevent property fraud.

In this regard, we note that the imposition of a heavier regime by the local lawmakers is intended to reduce such incidences of fraud.

It is therefore imperative that the provision of art. 37 COA ised, any deviation from may PO property related to the real in document

The thus the local notary public in the area where the property is located?

The first option would be to sign the POA before the nearest Bulgarian consulate office, which has the authority to witness documents with similar powers to the notary public, as stipulated by Bulgarian legislation. Our practice has frequently utilized POAs signed in this manner.

For any matters regarding company registration in Bulgaria, please feel free to contact our lawyer & legal experts.

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