How do I choose a lawyer for the sale of a plot of land?

From a legal standpoint, when you buy or sell land, a flat, a house or any other type of real property, you are not required to hire a lawyer. Nor are you required to work with an estate agent. In Romania, the sale of a property is usually completed by way of a deed authenticated before a notary, and the notary plays an important role in verifying the legal conditions required for signing the deed.

However, the notary and the lawyer do not have the same role. The notary authenticates the deed and checks the formal legality of the transaction. The lawyer protects your own interest: they assess the risks, review the documents, negotiate the clauses, identify legal problems and help you avoid signing a contract that may cost you dearly later on.

This is why the assistance of a land sale lawyer or of a lawyer specialising in real-estate law is particularly useful where the transaction is of high value, where the land has an unclear legal status, or where there are buildings, easements, mortgages, disputes, heirs, co-owners or earlier promises to sell.

At Buju, Stanciu & Associates, we provide legal assistance for the sale and purchase of land, flats, houses, commercial premises and properties with a complex legal status. Our experience in real-estate and urbanism, corporate law, litigation and contracts allows us to review a transaction not only formally but also practically, from the perspective of the real risks to the client.

What does a lawyer do in the sale or purchase of land?

For the buyer, the lawyer checks whether the seller is indeed the owner, whether the property is correctly registered in the land book, and whether there are mortgages, prohibitions, disputes, promises to sell, easements or other encumbrances. They also assess whether the land may be used for the intended purpose: building, investment, real-estate development, agriculture or commercial exploitation.

For the seller, the lawyer checks whether the documentation is complete, whether there is any risk of challenge, whether the price and the method of payment are properly protected, and whether the obligations assumed under the contract are clear and reasonable. In practice, the lawyer reduces the risk of an apparently straightforward transaction turning into litigation.

Notary vs. lawyer: who does what?

Many buyers believe that, once they go to a notary, they are already protected. The notary, however, has a different role from the lawyer. Here is the difference, in brief:

Why is a standard contract not enough?

Many property transactions start from the idea that a standard contract will do. The problem is that properties are not standard. Every plot of land or property may have its own particularities: a different planning status, problematic neighbouring plots, no access to a public road, unregistered buildings, discrepancies between the documents and the actual situation, debts, tenants, disputes or earlier promises.

A standard contract may cover simple situations, but it does not protect you sufficiently once special elements appear. If the seller promises to vacate the property by a certain date, this must be set out clearly. If the land is bought for building, it must be checked whether there is access, utilities, a favourable planning status and any restrictions. If payment is made in instalments, clear guarantees must be put in place. As with any contract, it is important to recognise unfair clauses before signing - a single badly drafted clause can block the transaction, cost you the deposit or lead to years of litigation.

Important documents in a property transaction

Depending on the type of property, the documents required may differ. In most cases, at least the following must be reviewed:

• The seller's title deed
• The land book extract
• The cadastral documentation
• The tax certificate
• Identity documents or company documents, where the party is a legal entity
• The energy performance certificate, where required
• Documents relating to existing buildings
• Permits, handover reports or other administrative documents
• Lease, loan for use, farm tenancy or concession agreements, if any
• Documents relating to inheritance, division of assets or co-ownership, where applicable

A real-estate lawyer does not merely check that the documents exist, but whether they are consistent with one another and whether they conceal any problems. The surface area shown in the documents may differ from the cadastral surface area. An access road may exist on the ground but not in law. A building may have been in use for years without being registered in the land book. These details matter enormously.

Common risks when selling or buying a plot of land

Land transactions are more sensitive than they first appear. The most common risks are:

• No legal access to a public road
• Discrepancies between the surface area in the title deeds and the measured area
• The existence of easements or rights of way
• Land subject to litigation
• Land encumbered by a mortgage or by enforcement proceedings
• Co-owners who have not given their consent
• Earlier promises to sell
• Inheritance issues
• Urban planning restrictions
• Agricultural land outside the built-up area subject to a right of pre-emption
• Unauthorised or unregistered buildings

For the buyer, these risks can mean losing money or being unable to use the land as intended. For the seller, they can mean contractual liability, penalties, repayment of the price or court proceedings.

The lawyer and the land register check

The land register is one of the most important documents in a real-estate transaction. It shows who the owner is, what rights are registered over the property and whether there are any encumbrances, mortgages, prohibitions, disputes or other relevant entries.

However, the mere existence of a land register extract does not automatically mean the transaction is risk-free. The lawyer checks the land register information against the title deeds, the cadastral records, the history of transfers and the actual situation of the property. If there is a mortgage, it must be established how and when it will be discharged. If a promise to sell has been noted, its effect must be analysed. If there are disputes, the buyer must understand exactly what is at stake.

The pre-sale agreement

In many cases, the parties do not sign the final contract straight away but first enter into a pre-sale agreement. This happens where the transaction depends on obtaining finance, completing the documentation, discharging a mortgage or satisfying certain conditions.

The pre-sale agreement must be drafted carefully. It should set out the price, the deadline for the final contract, the amount of the deposit, the conditions for its return, the penalties, each party's obligations and what happens if one of the parties refuses to sign. A weak agreement can create serious problems: the buyer may lose the deposit and the seller may be left tied to an unclear obligation. That is why you should not sign a property pre-sale agreement without legal review.

Agricultural land outside the built-up area and the right of pre-emption

The sale of agricultural land situated outside the built-up area is subject to special rules. In certain circumstances, the right of pre-emption of particular categories of persons or entities must be observed, such as co-owners, tenant farmers, neighbouring owners or the Romanian State, in the order laid down by law.

This procedure can lengthen the transaction and must be handled properly. If it is ignored, the contract may be vulnerable. A lawyer specialising in land sales can check whether the land falls within these rules, what documents are required and what steps must be followed.

The lawyer's role in negotiating the contract

A good property contract is not just about identifying the parties and stating the price. The important clauses are those governing problem situations. A lawyer can negotiate clauses on:

• The method of payment
• The deadline for handing over the property
• Liability for legal or latent defects
• Discharge of mortgages and encumbrances
• Return of the deposit
• Penalties for non-performance
• Warranties given by the seller
• The status of utilities and the condition of the buildings
• The obligation to vacate the property
• The consequences of a refusal to sign the final contract

These clauses may look like details, but they make the difference between a safe transaction and a costly problem.

How can a lawyer help if problems arise after the transaction?

Some problems only come to light after the contract is signed. The buyer may discover that the land has no actual access, that there are unauthorised buildings, that the neighbours are challenging the property boundary or that the property has latent defects. The seller may face difficulties if the price is not paid in full or if the other party fails to meet its obligations.

If the lawyer has been involved from the outset, they know the documents, the history of the transaction and the clauses negotiated. They can therefore act more quickly: notices, negotiations, court proceedings, applications for rescission, damages claims or defences in litigation.

Why Buju, Stanciu & Associates?

We provide legal assistance in real-estate transactions, land sales and purchases, property disputes, real-estate and urbanism. Our approach is geared towards preventing problems, not merely resolving them once they arise.

We review the documents, assess the risks, draft and negotiate clauses, assist clients in their dealings with the notary, the estate agent, the bank or the other party, and step in promptly whenever matters stall.

For us, a real-estate transaction is not a mere formality. It is a transaction with a major financial impact, and the client must know exactly what they are buying, what they are selling, what they are signing and what risks they are taking on. The first step is a short conversation about your particular situation.

Conclusion

Selling or buying land or property should not be treated lightly. Even where the transaction looks straightforward, the risks can be significant: incomplete documentation, hidden encumbrances, cadastral issues, lack of access, disputes, urban planning restrictions or unfavourable contractual clauses. A lawyer specialising in land sales helps you understand exactly what you are signing and what consequences the contract may have - reviewing the documents, negotiating the clauses, anticipating problems and protecting your interests before the risks turn into litigation.

Frequently asked questions