It is best to have your lawyer draw up the purchasing contract, or check a contract presented to you by the vendor (or real estate agent). Under any circumstances the contract must clearly
- identify the owner of the property and eventually his representative and the power of attorney this representation is based on,
- describe the property with its registration, size and regulation,
- state the price and payment terms,
- guarantee that the vendor will give full ownership rights to buyer, and that no mortgages, debts or tax demands against the property exist,
- the time limit for issuing of the title deed.
It is normal that the buyer loses his deposit if he does not fulfill the stipulation in the private purchasing contract, and that the vendor must repay the buyer the double amount of what was paid as deposit if he cannot or will not fulfill.
Before signing the title deed your lawyer must have done all investigations to make sure that a valid ownership title can be issued, without any registered encumbrances, and that you can use the property for the purpose you have planned.
The title deed is signed before a public notary. You can give someone a power of attorney to sign on your behalf.
So far, there is no centralized property register in Bulgaria, only local ones following the administrative division of the country. A central register, based on the names of the owners and the cadastral registration of the properties, is not under preparation.
That is why it is important to have a lawyer to make due diligence of the property.
