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Post by Trag on Jul 1, 2004 10:20:44 GMT 1
Once a property is reserved in Croatia is it normal to ask the Lawyer for a copy of the Land Book, Building Permission and Division Document just to verify that things are in fact ok (I know its in Croatian)? Ithas taken just two days for our Lawyer to complete investigations and titiel checks... is that standard? I thought it may have been a slightly lengthier procedure.... Approx 2000 Kuna for court translation of Developers documents and Sales Contract... how does this sound? Awaiting responses from your experiences!  |
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Post by Peter Ellis on Jul 2, 2004 21:57:23 GMT 1
When you say reserved, is this an offplan development?
If so, all the Land Registry entry is likely to show is the land.
The Division document cannot be applied for until the roof is on. Up until then, you are just buying a percentage of the development. Individual apartments only commence their legal life after the Division Document has been applied for and obtained by the developer and the apartments registered seperately in the Land Registry.
It would certainly be reasonable to see the building permission though.
If the developer has available a recent Certificate of Title for the land, as well as the building permission, a couple of days could be sufficient. It would certainly take longer if it was an existing property, especially if your lawyer was not local and was requesting Kataster and Land Registry documents by post.
2000 Kn doesn't sound unusual for a court appointed translator to do that, although if they were just rehashing the same document for every apartment in a block, it might be worth querying.
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Post by Trag on Jul 3, 2004 7:25:14 GMT 1
Hi Peter Thanks for the comments - much appreciated. The Property is an off plan development. Much clearer on the Division Document too now - thanks. The Developer's Title have been seen by our (agents) lawyer indicating ownership of the land by their Company which they have formed. The document entitled "Lokacijska dozvola" , (I gather this is like a certificate of 'building permission') has also been seen seen along with Building Plans authorised by the Municipal Council. The Company has also proven its solvency and has developed similar projects in recent history. All the papers are being sent to us and yes everything took about three - four days. I presumed the Developer must have had all these papers at the ready, and if not on their person then readily available as it is in their interest to be on top of the paperwork fiasco to market and sell their properties. It seems one cannot do enough homework though. Given this - is it common, or has it been heard for the client to hire another 'independent' lawyer whom has nothing to do with the agent or the vendor in order to verify everything? ie pay for two lawyers... seems a little overkill but theres nothing like peace of mind eh?  cheers trag |
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trag
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Post by trag on Jul 3, 2004 7:46:26 GMT 1
Peter
Have tried downloading your 'fee scale' from your webiste.... I need a password?
cheers trag
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Post by Peter Ellis on Jul 3, 2004 10:22:15 GMT 1
It isn't passworded so it shouldn't be a problem. If you let me have your email address, I can send it directly.
The practice of having an independant lawyer isn't common here but it certainly should be! You'd have your own lawyer at home, as he is there to protect your interests, whereas the vendor's lawyer protects his. In an environment where there are vastly more properties with defective paperwork, there is even more need to have independant advice.
I suspect a lot of buyers go along with using the vendor's lawyer as they think it is too much trouble to try to find an English speaking lawyer of their own that has good property experience and they think it will save them money. It can prove false economy, though, if there is any problem. The property may be cheaper than in other countries but could be very expensive if it comes unstuck.
Fundamentally, if you do the same as at home, doing a search and having your own lawyer, you reduce the risks significantly. The last thing you need is a legal problem when you are in one country and the problem is in another. Our legal department can handle it for you if you want. They do searches and property contracts all over Croatia.
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Post by Peter Ellis on Jul 3, 2004 10:28:41 GMT 1
BTW, I forgot to mention, the Lokacijska dozvola is the location permit, part of the zoning, not the building permit, which is a Gradvinska dozvola.
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trag
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Post by trag on Jul 3, 2004 17:01:33 GMT 1
Thanks Peter
I've emailed your info@croa.....
I'll await a reply.
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