Once you have made the decision to part with your real estate, you have two options - to carry out the process yourself, or to trust a professional
The advantages of using a professional broker are many - he will be able to give you an adequate price for the property you want to sell, will advertise your property according to an established methodology, thus increasing the likelihood of a quick sale at a price close to the price you are looking for, will assist you in organizing viewings, in possible negotiations with potential buyers, and if you have issued a power of attorney for the sale of a property will also provide all the necessary documents for successful notarial finalization of the transaction.
Document of ownership
By its nature, every transaction is a change of ownership, and this process begins with proving such, that is, that the person wishing to sell the property is the actual owner and has this legal right.
The main types of ownership documents are notarial deeds, which can be for purchase, donation, exchange, or declaratory, depending on the conditions under which the property was acquired. Another option for a title deed is a court decree - most common after divorce or when property is not divided between heirs. If the property subject to the transaction was acquired by a bailiff then the decree of foreclosure issued by the bailiff acts as a document of title. Some of the old estates do not have a deed, but a so-called castle deed. If the property is ancestral the deceased's title deeds plus a certificate of heirs act as a document of title. If the property was acquired from a privatisation deal or a municipal auction, the deed of gift is the title deed.
Traditionally, the document creating the most headaches for owners, either because of omissions in the declaration of changes of data by the owners, or by the frequent technical errors made by municipal officials. As a result, you sometimes have to go to the tax office several times for one document, a fact which, in addition to wasting your time, can even jeopardize the transaction if you have already bound yourself to a preliminary contract.
Issued by the tax office where the property is located, the issuance process takes between 1 and 5 business days, depending on the type of order, the validity is 6 months. The documents required for its issuance are - the original title deed ( for reference ) and its copy, if the property is inherited a certificate of heirs is also required.
Anyone can apply for a tax assessment, but only the owner or an authorized person can obtain the issued document. It is important that the address of the property indicated in the tax assessment corresponds to the address on the deed, if there is a discrepancy it is necessary to issue a certificate of administrative address from the relevant municipality of location.
The property tax assessment must list all co-owners of the property, and they must not have any outstanding obligations related to the property, such as unpaid taxes or garbage fees. Before submitting an application for a tax assessment, make sure that the property is registered in the name of the last owner, if there is more than one owner make sure that everyone's name and tax identification number are entered. If the property was acquired during a marriage, even if only one partner is listed on the title deed, the names of both should appear on the tax assessment.
When obtaining the tax assessment, make sure that all the details of the property described in it - square footage, floor area, exact address, adjoining premises, exactly match the details in your title deed. Against each owner's name it should say that there are no debts.
Sketch of the property
The next important document required for the transaction does not prove ownership, but clarifies the status of the property - whether it is in regulation, its boundaries and area. If there are discrepancies in the data in the ownership document and those in the sketch, those in the sketch are considered real. It can be of two types - a 'scheme of a detached building' if it is an apartment, garage or shop, and a 'sketch' if it is a plot of land or a house.
If your property is in an area with a valid cadastral map, you can get a sketch from the Agency of Geodesy, Cartography and Cadastre, if your property is not registered in the cadastral map, a sketch can be obtained from the municipality in which it is located.
The documents required for the issuance of a sketch are a copy of the title deed, an application form and proof of payment of the fee. If the property is hereditary, a certificate of heirs is also required. The issue of a sketch takes from 3 to 7 working days, depending on the order. On receipt of the document, look again for errors, especially whether the address is filled in correctly.
Certificate of marital status
Issued by the municipality, the process takes 1 to 7 business days depending on the order. Each spouse must submit a similar certificate, if you are divorced, it must describe the marital status at the date of acquisition of the real estate, and a court decree of dissolution of marriage by divorce must be added to the documents, if you are married a certificate of civil marriage is required, with a copy attached.
Certificate of encumbrances
Encumbrances are rights that third parties may claim to the specific property subject to the transaction, and these claims are detrimental to the interests of the buyer, which is why buyers often require such a document to be attached to the transaction documentation. These may be co-owners, former spouses, heirs as well as mortgages or foreclosures. Such a certificate is issued by the Property Registry at the Registry Agency, a quick reference can also be made in the electronic property register, and has the advantage that it can be done immediately before the transaction.
Above we have selected the basic set of documents necessary for a successful property transaction, in view of the wide variety of property types and types of ownership, we recommend close cooperation and communication with the notary confirming the transaction, even if there is a need to provide additional documentation, he will promptly notify you of this, and may even assist you in the process of its provision.