Hrvatska gospodarska komora

LEGAL SERVICES IN THE PURCHASE AND SALE OF REAL ESTATE

When buying real estate, the Nina dom agency first checks the ownership registered in the land registry of the municipal court in the area where the real estate is located.
We offer the following services:
  • Obtaining a land registry excerpt - A land registry excerpt is the only proof of ownership or some other right that may be the subject of entry in the land registry
  • Obtaining an excerpt from the cadastral records (title deed and a copy of the cadastral plan)
  • Obtaining a building permit or other appropriate construction deed
  • Obtaining an occupancy permit and energy performance certificate
  • Drafting a preliminary purchase and sale agreement
  • Drafting a purchase and sale agreement
  • Application for registration of title (title of a property is not acquired automatically on the basis of a purchase and sale agreement, but by registration in the land registry)
When buying real estate, it is customary to sign a preliminary agreement in which the real estate is defined by stating the land registry data on the real estate, entering the agreed purchase price, and the date of concluding the final agreement and paying the down payment for the real estate.

Purchase and sale agreement
The real estate purchase and sale agreement, in addition to everything stated in the preliminary agreement, usually includes the date of handover of the real estate into the possession of the buyer, as well as the seller's guarantee that the property is not encumbered by any third party rights.
The purchase and sale agreement is certified by a notary public in several copies, in which one copy of the agreement remains with the seller, buyer and notary public each, and one is submitted to the land registry department with an application for registration of title.
If you are buying a property through a loan, the agreement must first be certified by a notary public, and the bank will register a mortgage on the property.

Real estate transfer tax
The real estate transfer tax rate is 3% of the market value of the real estate at the time of its acquisition, and is paid by the buyer unless otherwise agreed.
From 2018, purchase and sale agreements no longer need to be personally brought to the tax administration, as the notary public automatically sends them immediately after certification.
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