Real estate lawyer: safe transactions and property disputes
For many people, buying a home or land is their biggest investment. We review the property and the contracts so that you know exactly what you are buying.
A property's problems are not always visible in the listing: mortgages, attachments, pending lawsuits, unauthorised buildings, gaps between the documents and the reality on the ground, or an incomplete ownership history. A legal review before signing the preliminary contract shows you the risks and lets you negotiate clauses that protect you.
We examine the land register extract, previous title deeds and cadastral records and, for new builds, the permits and the status of the land. We draft or review the preliminary and final contracts, paying attention to deadlines, deposits, penalties and the conditions for cancelling the deal. Contracts transferring ownership of real estate must be concluded in authentic form before a notary, with whom we work throughout.
We also represent you in disputes: a seller refusing to sign the final contract, delays or defects in new buildings, errors in the land register, land restitution cases, landlord and tenant conflicts and the eviction of unlawful occupants. Every case starts with the documents, so the first step is to review them together.
Real estate legal services
- Full legal due diligence before buying a property
- Drafting and negotiating preliminary contracts and sale-purchase agreements
- Gift, exchange, usufruct and surface right agreements
- Land registry entries, rectification of the land register and registration claims
- Court actions for a judgment that takes the place of the sale contract
- Disputes with developers: delays, defects, breach of contract
- Hidden defects, eviction by a third party, termination and refund of the price
- Land restitution: re-establishing ownership and challenging title deeds
- Lease agreements for landlords and tenants
- Eviction of tenants and unlawful occupants, including through the special procedure
- Disputes involving owners' associations and common parts of buildings
- Easements, rights of way and neighbour disputes over construction
Situations where we can help
- You want to buy a flat or land and need to know the documents are in order before paying a deposit.
- You signed a preliminary contract and paid a deposit, but the seller now refuses to go to the notary.
- The developer is months or years late in handing over your flat.
- The area in the land register does not match the measured area or the title deed.
- Your tenant has stopped paying rent and refuses to leave.
- An application to restore ownership of land has been pending for years.
How we work
Reviewing documents
We start with the land register extract, title deeds and existing contracts to understand the real legal position of the property.
Identifying risks
We set out in writing the issues found, their impact and the possible protective measures or solutions.
Contracts and negotiation
We draft or adjust the contracts and represent you in negotiations with the seller, buyer, developer or tenant.
Dispute or registration
We assist you through to land registry entry or, where needed, represent you in court and at the enforcement stage.
Frequently asked questions
What should be checked before buying a property?
At a minimum, an up-to-date land register extract showing the owner, mortgages, attachments and pending lawsuits, followed by the ownership history, whether the documents match the reality on site, building permits and any debts to the owners' association. For land, the use category and planning rules also matter. A lawyer can identify risks that a listing or a viewing will not reveal.
What can I do if the seller refuses to sign the final contract?
If the preliminary contract is valid and you have fulfilled your obligations, you can ask the court for a judgment that takes the place of the sale contract, within the time limit set by the Civil Code. Alternatively, you can seek termination of the preliminary contract, return of the deposit and damages. The choice depends on the contract terms and on what you want in the end: the property or the money.
Must a property sale be signed before a notary?
To transfer ownership of real estate, including land, the law requires authentic form, meaning the contract is concluded before a notary, followed by registration in the land register. A preliminary contract may be signed privately, but authentic form offers more certainty and allows it to be noted in the land register. The contract should be reviewed before signing, not after.
How can a tenant who does not pay be evicted?
The landlord must follow the legal procedure; changing the locks or cutting off utilities is not permitted. The Code of Civil Procedure provides a special eviction procedure that begins with a notice, and under certain conditions a lease registered with the tax authority or concluded before a notary is an enforceable title for the rent owed. We review the lease and choose the most suitable route.
Other practice areas
Do you need a lawyer?
Tell us briefly about your situation. We will tell you honestly what can be done and what the next steps are, anywhere in Romania.
