Having already given a general description of the process of buying property in Bulgaria and clarified the role of the main parties involved
(for more information please click here and here),
it is time to clarify why it is important to choose to work with a lawyer:
– what functions and what role this plays when buying property,
– what tasks and duties the lawyer has,
The Attorney's Profession
Let's start with the most general description of the attorney's profession. An attorney is a lawyer who advises and represents private individuals, companies and organisations in legal matters.
In order to work as an attorney-at-law in Bulgaria, several formalities and professional requirements must be fulfilled:
First and foremost is the legal study, which is a university Master's programme and usually lasts ten semesters (five years). During this time, the learning process is taught through lectures, exercises and internships at public authorities such as public and regional administration, local and district courts. As a result, students acquire knowledge from a wide range of legal fields. The law degree programme concludes with three state examinations (in civil, criminal and public law).
After graduating from law school, in order to practise, lawyers must complete a 6-month legal internship in numerous stations and then pass an exam before the Bulgarian Ministry of Justice. Only then can they work in all legal professions, such as judge or public prosecutor, notary, bailiff, etc.
For those who have decided to become attorney, there is usually an examination for admission at the respective bar association.
And only then is an attorney at your disposal to protect and defend your legal interests!
This is perhaps also the place to mention, or actually summarise, that unlike the other important person you are most likely to work closely with in the buying process- the estate agent, the lawyer has professional knowledge in property law, while the estate agent is more likely to be regarded as a salesman. In this respect, they both have their important role in the purchase and only thanks to their co-operation can you get the best service.
What services does the attorney offer?
Although the lawyer may work in different areas of law in his practice, there are some activities and main tasks that apply to everyone in the profession. As such, the following can be mentioned:
First and foremost comes the legal advice in various areas of law (e.g. commercial, contract, tax, real estate, family, inheritance law, etc.). In the best case scenario, it is advisable to obtain this advice before performing the transaction or other action in question in order to ensure that it is carried out in accordance with the legal requirements. In this way, potential future conflicts and problematic situations can be avoided as far as this is possible.
The consultation with a lawyer usually goes into several stages. A typical practice is that the lawyer first asks questions to obtain all relevant information and clarifies the facts of the case. Based on the information obtained, the lawyer develops a strategy to solve the problem. He informs the client about the legal situation, possible courses of action and the prospects of success. He gives specific recommendations for action and explains the next steps. If necessary, he draws up statements, pleadings, contracts or other legal documents.
In cases where a voluntary resolution of the conflict is not possible or where it is a matter of appealing of an legal act of an authority, court representation and/or before authorities is required. These procedures can vary greatly depending on the area of law, but basically, after the counselling mentioned above, all the necessary evidence is gathered and secured. This is followed by the drafting of pleadings, such as statements of claim and defences, which must be prepared and submitted to the court on time. The lawyer represents the client in the main hearing in court and receives submissions, makes motions and pleadings. He also questions witnesses and experts and takes part in the taking of evidence until the case is factually clarified and the court issues a decision.
What is the attorney's role in the purchase process?
The tasks of an attorney in relation to the purchase process usually belong to the counselling activities.
First of all, it is good to know that the attorney is the only person who represents ONLY your personal and individual legal interests in this process. His role is first and foremost to fully represent you as the buyer, offering you his professional and impartial expertise.
Unlike the estate agent, who of course at least subconsciously wants to sell you the property he is offering you, or the notary, whose job it is to check the legality of the transaction but NOT your personal interest as a buyer, the lawyer is exactly the person who should be doing this for you.
The specific way in which the attorney can help you depends very much on the stage at which you actually instruct them. In principle, you can contact an attorney at any stage of the property purchase, but it is advisable to do so as early as possible. Or at least at a stage where you are prepared to potentially lose certain money - e.g. the deposit, estate agent commission, etc. that you have already paid or signed a contract for.
What tasks does the attorney have in the purchase process?
As soon as you have carried out a view of a particular property and have a strong interest in it, it is a good idea to also start with the legal research and the so-called due diligence. Ideally, this should be independent of the opinion and information given to you by the broker. With this in mind, it makes sense to consult a lawyer before signing any document.
To begin the due diligence process, it is good to have as much detailed information about the property as possible - the exact address, if available, or at least the location, the owners, any distinguishing features.
If the exact property can be identified, the attorney-at-law will check the land register to ensure that the seller is indeed the owner of the property and that there are no unexpected encumbrances, such as mortgages or easements. He will also identify any possible problems in title or outstanding legal disputes that may affect the property.
Thereafter, when the deposit agreement comes into question, the attorney-at-law will carefully review the agreement to ensure that the terms are fair and in your best interests. If necessary, he will suggest appropriate changes to better protect your interests as a buyer.
In the meantime, your lawyer will answer all legal questions that arise during the purchase process and clarify possible legal pitfalls. He will advise you on issues relating to the purchase, e.g. structuring the contract, overcoming specific legal requirements or clarifying the associated tax implications of the property purchase.
Once the purchase price has been determined in the negotiations with the help of the estate agent, it is time for the pre-purchase agreement. Here the lawyer again has the role of drafting the contract or checking it in detail so that the specific needs of the buyer and the special features of the property are harmonised. He also ensures that all relevant information is disclosed and handled transparently. Last but not least, the lawyer has the task of recognising and preventing inappropriate behaviour on the part of the seller or other parties.
Furthermore, the lawyer ensures that all the necessary documents are properly prepared and submitted for the notary deed procedures. He draws up the notarial deed, taking into account all previous agreements and with the focus on your protection while purchasing the property. During this preparatory phase, he will discuss everything necessary with the notary so that you can await the notary appointment without any worries. He will also accompany you to the notary so that you feel safe and protected in this new legal environment.
Ultimately, he ensures that the entire purchase process is completed smoothly and that you are successfully entered in the land register as the new owner of the property.
At your request, he can also help you with the next steps after the purchase - your registration in the special register as owner without BG citizenship, the transfer of the electricity and water accounts, payment of the annual property tax, and advise you on any other legal questions or problems in connection with the property.
In summary, an attorney-at-law offers comprehensive support and reliability throughout the entire property purchase process. With the expertise of a lawyer, buyers can minimise potential risks and ensure that the purchase process runs smoothly and legally flawlessly.
If you have any further questions about buying property in Bulgaria or need legal support in the purchase process, please feel free to contact me here.
JuraConsult is at your disposal for online consultation or on site in Varna & Burgas, or other cities, if possible and by arrangement.
