Real estate law

Real estate sale and purchase, lease agreement, donation agreement
Civil law is the most common area of law that is present in every person's life, even in its simplest form, whether it is a sale, the formation of a company, an inheritance dispute or any civil litigation. Even in a seemingly simple civil litigation or non-litigation procedure, it is important to choose the right lawyer with sufficient expertise in civil law.
 
Kecser Law Firm has extensive civil law experience in the following areas inheritance law, a company law and in the field of property law. Below, we discuss real estate law in more detail, the first two of which can be found under separate headings by clicking on the relevant term.
 
The role of the property lawyer
 
For most people, the property they want to buy, sell, rent or lease is their most valuable asset. For this reason, it is essential that these contracts of sale, gift or lease are drafted with the appropriate legal expertise, covering the most important details and contractual terms, and that the interests of the parties are properly represented. In layman's terms, the role of the „real estate lawyer” is therefore to draw up the right contractual terms and conditions, ideal for both parties, to inform the client of any tax and duty obligations, to liaise with the land registry and, last but not least, to draw up a contract that will make the transaction quick and simple.

Real estate sale and purchase

Preparation of real estate sale and purchase contracts, attestation of documents, handling land registry procedures

Donation agreement

Preparation of donation agreements, legal advice on tax payment obligations

Lease agreement

Preparation of lease agreements

STRENGTHS AND VALUES

WHY CLIENTS CHOOSE US?

Over the past twelve years, we have successfully worked with hundreds of clients from more than 80 countries, spanning from Asia to the Americas. This extensive experience enables us to understand our clients’ needs and provide them with tailor-made legal services. Whether our client is a Hungarian, a foreign individual, or a prestigious corporation, we will find the right solution for them.

Our clients trust us. Our firm repays this trust by delivering high-quality work, communicating quickly and effectively, meeting deadlines, and offering transparent and clear pricing. 

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ABOUT OUR LAW FIRM

Everyone expects clear and practical advice from their lawyer in matters ranging from immigration cases to real estate sale and purchase transactions. We strive to simplify matters for clients and explain legal concepts in a simple and easy-to-understand manner. So we give advice and write contracts that everyone understands, while effectively protecting our clients' interests. We are able to communicate directly with our clients in English, Polish, and Vietnamese, in addition to Hungarian. Our law firm is a member of the Polish-Hungarian Chamber of Commerce, and we cooperate with several partner law firms abroad.

dr. György KECSER

ATTORNEY-AT-LAW

consultation

Consultations are by appointment only.
After the meeting, you will have a clearer picture of the options and the next steps.

Frequently Asked Questions

The title deed is a document that certifies the details and encumbrances of the property, including the owner of the property, any beneficial owner or mortgage. 

The title deed can be either a summary or a full title deed. In the case of an overview, it only shows the status of the property at the time of the request (on the day of the request), while the full one shows the previous entries that have been deleted.  

The deed can be downloaded from the land registry system by anyone. Two times a year the search is free of charge, and thereafter it is available for a fee of HUF 4 800 per occasion.

 

Once the application has been received by the land registry, the land registry has 60 days to process the application, as a general rule. It is also possible to apply for an extraordinary procedure, in which case the time limit is half the normal time limit, i.e. 30 days. 

 

The fee for the general land registration procedure is HUF 10 600 per property. This administrative service fee differs from the general procedure fee for certain types of cases, e.g. the fee for mortgage registration is HUF 20 000 per property.

The fee for the out-of-court procedure is HUF 16,000 if the procedure concerns five or fewer properties.

 

The only formal requirement for a contract for the sale of immovable property to be valid is that it must be in writing. However, a valid sale and purchase contract is not sufficient to obtain ownership of the real estate; the transfer of ownership must also be registered in the Land Register. In order for the contract to be eligible for registration in the Land Registry, it must be duly countersigned by a lawyer and meet all other formal and substantive requirements.

Accordingly, the involvement of a lawyer is essential in the sale of real estate.

 

There may be a longer period between the conclusion of the contract of sale and the submission of the application for registration of ownership to the Land Registry. This may be because the parties have agreed to pay in instalments or the buyer is taking out a bank loan to pay the purchase price. In such cases, the reservation of title may apply. 

The buyer's right is a temporary legal protection for the buyer until the full purchase price has been paid. Its registration is a barrier to the seller selling or mortgaging the property while the buyer is waiting for a loan to be paid off, for example. 

The buyer's right is also a protection for the seller. The buyer's title is not registered until the full purchase price has been paid.

 

The deposit is the amount of money given by the buyer to the seller at the time of the conclusion of the contract to confirm the commitment to perform the sales contract.

If the contract is fulfilled, the deposit is normally included in the purchase price of the property. If the contract is not fulfilled and the buyer is liable, the deposit transferred to the seller is forfeited. If the seller fails to perform the contract for reasons for which he is responsible, he must repay the buyer twice the amount of the deposit received.

 

The gift tax is based on the net value of the gift to the donee. In the case of real estate, the tax is 18% of the net value, while in the case of residential property it is 9%.

However, there are several cases of reduced or exemptions from the levy, which reduce or even eliminate the obligation to pay the levy. For example, there may be a reduction in the levy on gifts of ownership of agricultural land, and no levy on gifts between direct relatives, siblings and spouses.

 

Gifts between direct relatives (including by adoption), siblings (at least one parent is the same) and spouses are exempt from duty.

 

Given that no income is earned by the donor when the gift is made, the donor is not liable to pay personal income tax. However, in the event that the donee disposes of the property within 5 years and realises a gain on it, a personal income tax liability may arise.

 

A tenancy agreement can be concluded for a fixed term or for an indefinite period. The main difference between the two types is the different termination rules.

 

A tenancy for a fixed term expires at the end of the period specified in the contract, but if the tenant continues to use the property after the end of the rental period and the landlord does not object within a fifteen-day time limit, the fixed-term contract is converted into an open-ended contract. The parties have the possibility to exclude this in advance in the contract.

 

The tenant is entitled to register the rented property as his/her residence or domicile, provided that the landlord gives his/her written consent. This consent must be given on an address declaration form or in a separate document.

 

An eviction notice is a unilateral declaration made by the tenant before a notary in which he or she commits to move out of the property at the end of the tenancy. 

An eviction notice provides help and protection for the landlord in cases where the tenant does not leave the property after the end of the lease. As a notarised deed is directly enforceable, the landlord does not have to go to court to evict the former tenant from the property.