Purchasing residential property (an apartment or house) is one of the most significant and expensive decisions in a person's life. Although the property registration process in Georgia is one of the fastest and simplest in the world, this does not eliminate hidden legal risks. When buying property on the "secondary market," a buyer may encounter issues such as invisible heirs, unregistered marital co-ownership, liens, or utility debts. The assistance of a qualified lawyer during the transaction process guarantees that your ownership rights will be indisputable and protected from any unforeseen circumstances.
What does this service cover?
The residential property purchase service includes full legal support:
- Title Search: In-depth analysis of Public Registry data — ensuring the property is not burdened with mortgages, seizures, or other obligations.
- Seller Verification: Determining if the seller has legal capacity, is not listed in the debtors' registry, and whether they need consent from a spouse or other owners to sell.
- Purchase Agreement Drafting: Creating a tailored contract instead of a standard template, outlining responsibilities for hidden defects, payment terms, and vacancy deadlines.
- Earnest Money/Preliminary Agreement: Correctly structuring the deposit ("Be") so that if the seller changes their mind, the buyer receives double the amount back.
- Transaction Accompaniment: The lawyer's physical presence at the Public Service Hall during registration and monitoring of the fund transfer process.
Common Real-World Scenarios
Risks that can be avoided with legal help:
- Co-owner Issue: The apartment is registered to one person but was acquired during marriage. The spouse may claim years later to void the transaction due to lack of consent. A lawyer checks this in advance.
- Hidden Defects: After moving in, faulty wiring or a leaking roof is discovered. If the contract did not include a relevant clause, claiming damages is difficult.
- Holdover Tenants: After purchase, the former owner or tenant refuses to leave. The lawyer includes strict penalty sanctions and eviction mechanisms in the contract.
- Utility Debts: A large old debt for electricity or water is discovered post-purchase, becoming a burden for the new owner.
Georgian Legal Framework
Residential property purchases are regulated by the Civil Code of Georgia (Property and Obligation Law) and the Law on Public Registry. The Civil Code defines the rights of a bona fide purchaser — if the registry record is clean, the buyer is protected, though exceptions exist (e.g., transactions made under duress). Legislation also regulates spousal co-ownership, which is a common subject of disputes. Regarding payments, National Bank regulations are important, prohibiting cash settlements for property worth over 100,000 GEL when the price is fixed in foreign currency.
Process: How does a specialist work?
The buying process starts with property selection. The lawyer then obtains the cadastral code and begins research. If the property is "clean," a purchase agreement is drafted. Special attention is paid to the handover act, recording meter readings and furniture/appliances included in the sale. The transaction is registered at the Public Registry (Public Service Hall). Funds are transferred either immediately before signing or using special banking mechanisms (like escrow accounts) coordinated by the lawyer.
Why Legal.ge?
Buying an apartment is not just about paying money and getting keys. It is a legal process where the cost of a mistake is very high. On Legal.ge, you will meet real estate law specialists who will protect your interests from negotiation to handover. Our lawyers ensure that your new home is a source of joy, not legal disputes.
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