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 Cyprus Property \ Buying in Cyprus 

Buying in Cyprus


Legal Advice: What you should know

It cannot be emphasised too strongly that anyone planning to buy property in Cyprus must take expert, independent legal advice.

WARNING
Although Cypriot law is very similar to British law, don’t make the mistake of thinking that house-buying procedures are the same as in the UK. Don’t assume anything but take expert advice.

The relatively small price – in comparison with the cost of a home – of obtaining legal advice is excellent value, if only for the peace of mind it affords. Trying to cut corners by saving legal costs is foolhardy in the extreme when tens or hundreds of thousands of pounds are at stake.

SURVIVAL_TIP
Never sign anything, or pay any money, until you’ve sought legal advice in your own language, from a lawyer who’s experienced in Cypriot property law.

If you aren’t prepared to do this, you shouldn’t even think about buying a property! Most people who experience problems take no precautions whatsoever when purchasing property and, of those that do take legal advice, many do so only after having already paid a deposit and signed a contract (or when they hit problems). Don’t leave your brains behind at the airport. You wouldn’t buy and sell property in your home country without legal advice, so don’t do it in Cyprus!

The only professionals legally qualified and permitted to give legal advice in Cyprus are lawyers, so don’t take legal advice from anyone else. Don’t pick a lawyer at random, but engage one who has been highly recommended by someone you can trust. Before engaging him, you should check that he’s a member of the Cyprus Bar Association (23 Loukis Akritas Street, Ayios Dhometios, CY-1508 Nicosia, Tel. 22-779 156, www.cyprusbarassociation.org), which is ‘compulsory’. You can check the member list on the website or telephone the association and give the lawyer’s name.

All Cypriot lawyers speak English and many deal principally with foreign homebuyers and know and understand the problems you may come up against. Although it may seem expensive and legal checks on a property may mean you have to wait extra time before buying, you shouldn’t attempt a purchase without legal advice.

Checks

There are a number of essential checks to be made before you buy a home in Cyprus. These should all be made by your lawyer, but you should be aware of them so that you can ask your lawyer the right questions at the right time.

  • Make sure that the vendor is the legal owner of the property and that there are no outstanding debts relating to it, such as a mortgage. This is done via the Lands Office.
  • If you’re buying a new property or one that’s under construction, make sure that the vendor has obtained the agreed Town Planning and Building Permits. If he hasn’t, ensure that your lawyer makes this a condition of the sale contract. This will ensure that the vendor is legally authorised to carry out the construction of your property.
  • Make sure that your sale contract is deposited with the local Lands Office, especially if the property is part of a new development. A developer may tell you that there are no separate title deeds for your apartment or house. This means that the title deeds cannot be transferred to your name until the whole development is finished, which may be some time. To protect your rights, the sale contract must be worded in such a way that the vendor is legally committed and your property protected until such time as a separate title deed can be issued to you.
  • Make sure any co-owners sign the sale contract. There are often co-owners of property and land in Cyprus and they must all sign your sale contract to avoid any future disputes.
  • Make sure that your sale contract is stamped and registered by the Lands Office.

Problems can be avoided if you use an experienced local lawyer to draft your sale contract.

Article by www.justlanded.com. Click to read more articles about Cyprus and many other destinations.

 

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