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In 2024, more and more real estate developers in Romania are building properties, making the real estate market in Romania continuously expand.Recently, a new draft law was proposed to restrict the advance payment to 10% of the total price for real estate transactions, which is paid to the real estate developers in Romania when a pre sale purchase agreement in Romania is signed. In general, real estate developers in Romania ask for a significant advance payment, which can be a crucial disadvantage for buyers. A relevant example in this regard is the Nordis case, where buyers paid nearly the entire price of the property in advance, only to lose the right of ownership in Romania and not receive a refund. This proposed law aims to protect buyers’ interests by limiting the advance payments for properties. The Romanian law firm Pavel, Mărgărit and Associates recommends consulting a real estate lawyer in Romania to ensure that a pre sale purchase agreement in Romania is concluded according to the law, protecting the buyer’s interests against abusive clauses, hidden defects, and any issues that may arise regarding right of ownership in Romania, which could put buyers at a disadvantage in the sale and purchase agreements in Romania (SPA in Romania).
Property lawyer in Romania. Concluding a pre sale purchase agreement in Romania with real estate developers in Romania
A pre sale purchase agreement in Romania is a promise between the seller and the buyer of a property in which they mutually agree to complete the sale at a later date, establishing the specific terms and conditions. A pre sale purchase agreement in Romania is not an obligation required by law, but it is recommended when the sale will occur at a later date. In the real estate market in Romania, concluding such agreements is common as it confirms both parties’ intention to sell and buy the property, reserving the asset and clearly defining the sale conditions. Additionally, signing a pre sale purchase agreement in Romania facilitates obtaining a loan, as it expresses a firm intention to make a purchase of real estate in Romania. A real estate lawyer in Romania can provide specialized legal assistance, offering services such as drafting or reviewing the pre sale purchase agreement in Romania, analyzing abusive clauses, assessing risks, and ensuring the protection of the buyer’s interests regarding right of ownership in Romania.
Due diligence lawyer in Romania. Assistance for concluding sale and purchase agreements in Romania (SPA in Romania)
Before concluding sale and purchase agreements in Romania (SPA in Romania), it is important to perform a due diligence report in Romania to analyze and eliminate potential risks involved in purchase of real estate in Romania. Documentation verification is a crucial step as it ensures that the seller has the legal right to sell the property and that there are no real estate disputes in Romania or encumbrances that could affect the completion of the purchase of real estate in Romania. As it involves real estate, the sale and purchase agreements in Romania (SPA in Romania) must be authentic and signed before a public notary. The new draft law supports buyers by ensuring that the majority of the price is paid at the actual sale, with the advance payment being limited to up to 10% of the total amount, thus avoiding potential real estate disputes in Romania or other issues that may affect the transaction. A due diligence lawyer in Romania or a real estate litigation lawyer in Romania can provide top-quality services by drafting the sale and purchase agreements in Romania (SPA in Romania), verifying the documentation, preparing a due diligence report in Romania, analyzing abusive clauses that could harm the buyer, assisting with negotiations and notary formalities, ensuring the transaction complies with the law.
Real estate litigation lawyer in Romania. Termination of sale and purchase agreements in Romania (SPA in Romania) or issuance of a judgment substituting the contract
The termination of a pre sale purchase agreement in Romania is a sanction that occurs when the parties fail to fulfill their obligations, leading to the annulment of the agreement with retroactive effect. For a pre sale purchase agreement in Romania agreement to be resolved, there must be a partial but significant failure to perform the agreed obligation by the other party. The failure must be the responsibility of the debtor, the debtor must have been put in delay, and the non-performance must not be due to the party requesting the termination of the pre sale purchase agreement in Romania. Additionally, the Civil Code also provides the possibility for the injured party to seek a court decision that substitutes the contract if all other validity conditions are met. In this case, the right to take action is six months from the date the sale contract should have been concluded. A real estate litigation lawyer in Romania can assist with the termination of a pre sale purchase agreement in Romania, even in cases of real estate disputes in Romania, while ensuring compliance with legal requirements.
“In the current context of the real estate market in Romania, the new draft law that proposes limiting the advance payment to real estate developers in Romania to a maximum of 10% helps reduce the financial risks for buyers, providing greater protection against potential delays or failure to meet obligations by developers,” said Dr. Radu Pavel, Managing Partner of Romanian law firm Pavel, Mărgărit and Associates.
The Romanian law firm Pavel, Mărgărit and Associates invites you to contact a real estate litigation lawyer in Romania or due diligence lawyer in Romania to conclude a pre sale purchase agreement in Romania or to sign sale and purchase agreements in Romania (SPA in Romania) by filling out the contact form at https://www.avocatpavel.com/contact-us/.
In conclusion, considering the continuous expansion of the real estate market in Romania, the proposed law limiting the advance paid to real estate developers in Romania to a maximum of 10% is a crucial measure to protect buyers’ interests, reducing financial risks and providing better protection against possible abuses or delays. The Romanian law firm Pavel, Mărgărit and Associates recommends consulting a real estate lawyer in Romania or a property lawyer in Romania to assist you throughout the sale process with services such as drafting or reviewing a pre sale purchase agreement in Romania, analyzing abusive clauses, assessing risks, verifying documentation, and preparing a due diligence report in Romania, as well as any other services aimed at protecting buyers’ interests.