Real estate law
Clients usually seek real estate advice at one of two stages: before signing, while the terms can still be negotiated, or after the transaction is complete. We review the documents, contract terms, and any deadlines already running. We also negotiate and represent clients in disputes over ownership, the use of jointly owned property, and land.
How we help with real estate matters
Drafting and reviewing real estate sale, exchange, and gift agreements before you sign.
Resolving disputes over ownership, arrangements for using jointly owned property, easements, and other rights in property.
Advising on the formation of land plots, changes to designated land use, and registration, and representing clients in disputes with public authorities.
When to seek help with a real estate dispute
The seller prepared the contract
We review the draft before your appointment with the notary. Once the contract is signed, changes to the payment terms, agreed property condition, handover deadline, and liability for defects require both parties’ agreement.
You paid a deposit, but the sale fell through
Whether the payment is refunded or retained as a contractual penalty depends on the preliminary agreement. We assess which party unjustifiably avoided signing the final agreement and what losses resulted.
You discovered defects after buying
The seller is responsible for defects that existed when ownership transferred, even if they appear later. Document the defects and notify the seller promptly. Failing to give notice within a reasonable time can mean losing the right to rely on them.
A co-owner is preventing you from using the property
If co-owners cannot agree on how to use a shared plot or house, the court can establish an arrangement for its use or separate a share from the jointly owned property. These are different claims with different consequences.
There is no access road to your land
If you cannot reach an agreement with the neighboring landowner, the court may establish an easement where the property otherwise could not be used for its intended purpose at a reasonable cost. Losses caused by the easement are compensated as required by law.
Your request to change the land’s designated use was refused
Decisions on the formation of land plots, changes to designated land use, or registration must be challenged within the applicable deadline. Once you receive a decision, we first establish when the deadline starts and which grounds can be challenged.
What to know before and after a property transaction
A notary checks the transaction’s legal form, the parties’ legal capacity, and registry information, but does not assess the property’s physical condition. A registry extract shows registered rights and restrictions. It does not reveal issues that require an on-site inspection, such as damp, poor finishes, or undocumented alterations. Agree on the property’s condition, payment arrangements, and handover deadline in the contract before signing. After a notarized agreement is signed, its terms can be changed by mutual agreement or, in the circumstances provided by law, by a court.
Different deadlines apply, and they are easy to confuse. A claim must be made to the seller within the period set by Article 6.338 of the Civil Code. If no warranty period applies, this means within a reasonable time and no later than two years after handover. Court claims concerning defects in goods are subject to a shortened two-year limitation period (Civil Code, Article 1.125(8)). The court of cassation has clarified that the periods in Article 6.338 are not limitation periods for bringing court proceedings. That limitation period starts when the seller refuses the claim or fails to respond within the specified or a reasonable time. Disputes with public authorities have a separate deadline.
An arrangement for using jointly owned property is different from partition. Under a use arrangement, ownership shares remain unchanged; partition ends co-ownership. If a share is sold to someone who is not a co-owner, the other co-owners have a right of first refusal. Notice of an intended sale of a real estate share must be given through a notary. If that right is breached, a co-owner has three months to ask the court to transfer the buyer’s rights and obligations to them (Civil Code, Article 4.79).