Real estate lawyer in České Budějovice
We draft and review purchase, gift and other contracts for the transfer of real estate, check the legal status in the Land Registry and arrange registration of title. The purchase price is protected by attorney escrow. We help buyers, sellers, families transferring property and developers.
Buying, selling, gifting or letting: help for your situation
A property transfer involves the largest sums most people ever sign for. We therefore read the contract from the estate agent or the other party through the eyes of the person we represent, and make sure the contract, the payment and the Land Registry entry follow on from one another.
Purchase contract and transfer of title
Gift deeds and transfers within the family
Review of documents and legal risks
Registration in the Land Registry
How a property transfer with a lawyer proceeds
Tell us what you are selling, buying or gifting and send us the documents you already have. We will come back with a proposed procedure and a date for a consultation, in person in České Budějovice or online.
We check the title deed, mortgages, easements and other risks. We draft or review the contract, align it with the financing and the escrow of the purchase price, and explain what you are signing.
We file the application for registration in the Land Registry, monitor the proceedings and, after registration, release the purchase price from escrow in accordance with the contract. For developers and owners' associations we also provide representation before the authorities and legal administration of the building.
What to prepare for a property transfer
Property and ownership
Land Registry extract or title deed number, the acquisition document and information on mortgages, easements or leases.
Contracts and agreements
Reservation agreement, the draft purchase or gift contract from the agent or the other party, and correspondence to date.
Financing and dates
Information on the buyer's mortgage, on the seller's loan that needs to be repaid and on the handover date.
Whatever you have at hand is enough. We can obtain the Land Registry extract ourselves and complete the remaining documents together while preparing the contract.
Attorney escrow of the purchase price
The buyer does not want to pay before becoming the owner, and the seller does not want to transfer without certainty of payment. The buyer therefore deposits the purchase price into a dedicated attorney escrow account and we release it only once the buyer is registered in the Land Registry or another agreed condition is met. We keep the escrow under the Legal Profession Act and record it in the Czech Bar Association's electronic escrow register.
Leases, owners' associations and easements
We draft lease and sublease agreements, notices of termination and service charge statements, and represent you in disputes with a tenant or landlord. For unit owners' associations and housing cooperatives we handle bylaws, house rules and debt recovery. We create and cancel easements and servitudes.
Developers receive a complete service, from land acquisition through due diligence and contracts with unit buyers to representation in zoning and building proceedings.
Practical questions about buying and selling property
Is the estate agent's contract enough?
The estate agent's contract primarily protects the course of the deal, not your specific interests. We recommend having it reviewed by a lawyer who represents only you: they check the deadlines, penalties, the status of the property in the Land Registry and the method of paying the purchase price. The review usually results in several changes in your favour.
How long does Land Registry registration take?
The Land Registry office may grant registration no earlier than 20 days after it has sent the owner notice that proceedings have begun. The actual time depends on the office's workload and on whether the application is free of defects. We therefore prepare the application so that the office has no reason to suspend the proceedings.
What if the property is mortgaged or subject to enforcement?
The lien of the seller's bank can be settled as part of the transfer: part of the purchase price goes from escrow directly to the bank to repay the loan, and the lien is deleted once repaid. An enforcement entry or the seller's insolvency complicates the transfer fundamentally. In that case we first check whether a transfer is possible at all and set the payout conditions so that the buyer does not pay into a void.
Who pays the fees and taxes on a transfer?
The administrative fee for registration in the Land Registry is paid by the applicant, in practice as agreed by the parties in the contract. Real estate transfer tax has been abolished. The seller deals with any income tax if the conditions for exemption are not met, and the buyer with real estate tax from the following year. We go through the tax implications with you before signing.
Can we handle the transfer remotely if I do not live in České Budějovice?
Yes. Most of the transfer can be handled remotely: we exchange documents electronically and signatures can be verified by a notary or at a Czech POINT contact point where you live. We recommend meeting in person to sign the purchase contract and the escrow agreement, but it is not required.
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Planning to buy, sell or gift property?
Book a consultation. We will go through the contract, the risks in the Land Registry and how the purchase price is paid, so the transfer goes smoothly.
