FAQs
FAQs
Frequently Asked Questions
I want to buy a property. What do I need to know?
1. The purchase of a property is regulated by mandatory laws and requires the collaboration of scientists and specialized professionals. Typically, the cooperation of Lawyers, Civil Engineers, Surveyors, and Accountants-Tax Advisors is required.
2. The first step for the buyer is to conduct a legal and technical check of the property with due diligence.
3. The buyer must hire a lawyer of their choice to perform the legal check of the property, specifically deeds and lien checks, ensuring all necessary certificates are obtained to confirm that the property belongs to the seller (based on the deeds history, i.e., previous contracts) and is free of encumbrances (e.g., mortgages, pre-notations of mortgages).
4. Simultaneously, the buyer must hire an engineer to perform a technical inspection of the property to determine its technical condition. Depending on whether the property is an apartment, a house, a duplex, a plot of land, or agricultural land, different technical inspections and specialized actions will be required, as well as different technical certifications (e.g., regarding the existence/regularization of unauthorized constructions, plot viability, and buildability).
5. If the buyer intends to purchase with bank financing, they must collaborate with the bank employees and follow their instructions.
6. Once the legal and technical checks are completed, the buyer selects the Notary who will proceed with the necessary steps for the drafting of the Contract.
The preparation for the purchase of a property is a time-consuming and demanding process that depends on the diligence, speed, and actions of both the seller and the buyer.
The faster signing of the final contract mainly depends on the preparation of the property’s file by the seller and the diligent response of both buyers and sellers to the instructions of the Notary.
I want to sell a property. What do I need to know?
1. The sale of a property is regulated by mandatory laws and requires the collaboration of scientists and specialized professionals. Typically, the cooperation of Lawyers, Civil Engineers, Surveyors, and Accountants-Tax Advisors is required.
2. The first step for the prospective seller is to gather the legal and technical documentation for the property before offering it for sale. This allows the seller to provide a complete file to the buyer, facilitating faster legal and technical checks and the quicker drafting of the final contract.
3. The seller must have a complete legal file for the property, including the history of the property’s deeds (e.g., purchase contracts, inheritance acceptance contracts) and the relevant transcription certificates at the Deeds and Land Registries.
4. The seller must also have a complete technical file for the property. For example, if the property for sale is an apartment, a Technical Report/Certificate from an engineer confirming the absence of unauthorized constructions or compliance with applicable laws may be required, along with relevant plans and designs. If the property is a plot of land, an up-to-date topographic diagram may be necessary, etc.
5. The seller must wait for the buyer’s check of the property within a reasonable timeframe.
6. Once the buyer decides to proceed with the purchase, they select the Notary, who collaborates with all parties involved.
7. The Notary then begins gathering all additional necessary documents and correcting existing ones if required, providing instructions to the seller. For example: communicating with Engineers for clarifications or additions to technical reports, addressing issues regarding the property’s compliance with building regulations, checking and correcting the seller’s E9 tax declarations, communicating with the Lawyers with instructions regarding the Land Registry entries, issuing tax and social insurance clearance certificates, preparing and submitting property transfer tax declarations, and ensuring payment of the tax by the buyer before the final contract signing, among other tasks.
8. Once all required documents are gathered, and necessary corrections are made based on the Notary’s instructions, the first draft of the contract is prepared, and the signing of the final contract is scheduled.
The preparation for the sale of a property is a time-consuming and demanding process that depends on the diligence, speed, and actions of both the seller and the buyer.
The faster signing of the final contract mainly depends on the preparation of the property file by the seller and the diligent response of both buyers and sellers to the instructions of the Notary.
My parents passed away, and I am an heir. What do I need to know?
1. Upon the death of a person (the deceased), their estate as a whole (inheritance) is transferred to one or more individuals (heirs) either through a will or intestate succession (without a will), as defined by law.
2. The rules of succession are regulated by mandatory laws and require the collaboration of scientists and specialized professionals. Typically, the cooperation of Lawyers, Civil Engineers, Surveyors, and Accountants-Tax Advisors is required.
3. Heirs should seek advice from their Lawyers to understand the rights and obligations under inheritance law, considering all relevant provisions of tax law.
4. After receiving legal advice, heirs must promptly proceed with all necessary actions, as strict deadlines are provided under the laws governing succession.
5. Once the heirs are fully aware of their rights and the inherited property, they should contact a Notary to draft the inheritance acceptance contract.
6. The Notary will request all necessary documents from the heirs. Indicatively: death certificate, certificate of next of kin, E9 tax declaration of the deceased, title deeds of the deceased’s real estate (e.g., purchase contracts, inheritance acceptance contracts), etc.
7. Once all required documents are gathered, the Notary will draft the inheritance acceptance contract. This contract will serve as the heirs’ deed of acquisition, and after its transcription and registration, the heirs will be able to transfer the inherited property (e.g., sell it).
Heirs who delay addressing the inheritance, their rights and obligations under succession law, risk missing strict deadlines and losing rights.
The content of the will, the deadline and right to disclaim an inheritance, the shares in intestate succession, the benefit of inventory for minor heirs, the right to the compulsory portion, and the deadline for filing the inheritance tax declaration are critical inheritance law issues requiring legal advice from a specialized Lawyer.
I want to draft my will. What do I need to know?
1. Every person has the right to draft a will, expressing their wishes regarding the fate of their property and their heirs after their death, in accordance with the law.
2. The provisions of the relevant laws governing the drafting, revocation, and publication of wills are mandatory.
3. Drafting a will is a strict formal legal act, meaning that all formal requirements prescribed by law must be observed, or the will may be invalid.
4. The law provides for specific types of wills:
– Holographic will: A will written entirely by hand by the testator and signed. The date of the will is mandatory (day, month, year). It is usually kept at the testator’s home and published by their relatives after death following the legal procedure. However, the safe custody of such a will is not guaranteed, as it may be lost or destroyed.
– Holographic will deposited with a Notary: This is a holographic will submitted to a notary for safekeeping, who drafts a deposit deed. The testator can deposit his holographic will to the Notary for safekeeping, according to the law. In this case, the will is securely stored, and the notary undertakes its publication upon being informed of the testator’s death.
– Public will: This is a will declared by the testator before a Notary and three witnesses or a second Notary and one witness. Witnesses must not have any family relationship with the testator or beneficiaries. Advantages of public wills include greater evidentiary strength (as they are notarial documents), avoidance of ambiguities or contradictions, and elimination of the risk of loss, as they are kept in the notary’s archive. In this case the safekeeping of the will is assured and when the Notary is informed of the testator’s death he initiates the publication procedure of the will according to the law.
– Secret will: This is a will drafted in two stages. First, the testator writes and signs the will himself (either handwritten or typed). Second, the testator delivers the document to the Notary (with or without an envelope) before a Notary and three witnesses or a second Notary and one witness, declares that it is their last will, and then the document is sealed and the Notary drafts a deposit deed according to the law. It has many advantages such as remaining a secret to those involved, as well as safekeeping by the Notary who keeps it in their archive to prevent loss.
I want to get a mutual consent divorce. What do I need to know?
1. The procedure for obtaining a mutual consent divorce has been simplified in recent years under current legislation. It requires prior agreement between spouses and the cooperation of Lawyers and a Notary.
2. Spouses can terminate their marriage (civil or religious) by written agreement, signed with the assistance and co-signature of their Attorneys, submitting all necessary documents.
3. If there are minor children, the written agreement must address parental responsibility, particularly custody, the children’s residence, the parent with whom they will live, visitation rights, and child support. The agreement bears authenticated signatures of the spouses and is valid for at least two years.
4. After at least ten days from signing the agreement, the Notary, in cooperation with the spouses and their Attorneys, schedules the signing of the notarial act for the dissolution of the marriage. This act formalizes the divorce, certifies the spouses’ agreements, and incorporates them into the notarial act.
5. The divorce is finalized upon filing a copy of the notarial act with the competent civil registry.
The issuance of a mutual consent divorce is now easier and does not require recourse to regular courts.
The faster issuance of a mutual consent divorce depends on the preparation and agreement of the spouses regarding the issues of parental care, custody, residence, visitation, and child support for minor children, in a realistic and civilized manner.
I Want to File a Complaint/Accusation. What Do I Need to Know?
1. When someone is the victim of a criminal act (e.g., fraud), they have the right to approach the competent Public Prosecutor and file a complaint, according to the law. A complaint is a report submitted by the victim to the relevant authority, requesting the initiation of criminal prosecution against the accused and their punishment. From the day the complaint is filed, a strict criminal pretrial process begins, involving procedural and substantive rights, exclusive deadlines, and requiring the complainant’s careful attention.
2. Both during the preparation phase (prior to filing the complaint) and the submission stage, as well as throughout subsequent procedural stages up to the Criminal Court, the complainant must collaborate with a Lawyer of their choice. This ensures the full exercise of their rights and the correct strategic approach to support their case. Depending on the situation, the Lawyer may require assistance from specialized technical consultants (e.g., forensic handwriting experts, certified accountants) to substantiate the validity of the complaint.
3. Even when someone is not considered a victim under the law, they can still file a report for crimes that are prosecuted ex officio, requesting that the competent Public Prosecutor initiate criminal proceedings and punish the accused. According to the law, criminal offenses are categorized as either prosecutable upon complaint or ex officio prosecutable. Both during the preparation phase (before filing the complaint) and throughout the subsequent stages up to the Criminal Court, the complainant must collaborate with their Lawyer of choice. This ensures that the complainant fully exercises their rights and selects the appropriate strategy to support their case. The appointed Lawyer may, depending on the circumstances, require the assistance of specialized technical consultants (e.g., forensic graphologists, certified accountants) to substantiate the validity of the complaint.
The specialized lawyer will inform you whether the offense you wish to report falls under those prosecuted upon complaint or ex officio and will clarify whether it is a misdemeanor or felony, the applicable penalties, if it takes place by a physical act or by omission, whether the act was completed or attempted, or if it was committed repeatedly, etc.
I have been informed that I am accused of a crime, that a complaint/accusation has been filed against me. What do I need to know?
1. Depending on the procedural stage at which the individual consults a specialized Lawyer (Defense Counsel), all necessary defense actions are determined and implemented (e.g., submission of memoranda, appointment of technical consultants, filing appeals). Depending on the case, the defense Lawyer may also seek assistance from specialized consultants (e.g., forensic handwriting experts, certified accountants) to substantiate their client’s innocence.
2. From the initiation of the preliminary investigation of a criminal case, a strict pretrial process begins, which involves the exercise of procedural and substantive rights, exclusive deadlines, and requires close attention.
3. If someone becomes a respondent, accused, or suspect during the preliminary investigation, or an accused during the investigative or court hearing stages, they have the right to hire a specialized Lawyer (Defense Counsel) to guide and defend them, ensuring the full exercise of all their procedural and substantive rights.
4. Rights such as appointing a lawyer, participating in investigative actions, being informed of the charges, obtaining copies of the case file, remaining silent, submitting a defense statement, and filing appeals are provided by law. They require specialized knowledge and timely legal actions to safeguard the accused’s interests.
Each criminal case demands a unique approach.
Every accused person represents a distinct individual whose character is reflected in the criminal case file.
The specialized Lawyer has the necessary knowledge and undertakes all legal actions to secure the rights of the accused.