Legal support of real estate transactions and legal advising
Cost of services
Reviews of our Clients
What we offer
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Conducting pre-sale audits for real estate properties, including land plots, apartments/houses, commercial real estate, and agricultural land.
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Assessing operational and legal risks associated with real estate transactions and offering mitigation recommendations.
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Negotiating essential contract terms, including price, commitment timelines, payments, tax obligations, specifics of representation through power of attorney, and the signing process with buyers or sellers.
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Arranging overseeing agreement signing at a notary, managing all documentation processes comprehensively, and interacting with real estate agents and other participants as required.
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Scrutinizing individuals involved in transactions through various open sources, such as notaries, appraisers, developers, sellers, and buyers.
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Verifying and preparing essential documents for real estate transactions, including contracts, powers of attorney, extracts, appraisals, cadastral numbers, technical passports, statements of registered individuals, and more.
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Providing support for documenting sales revenue reduction in specific cases where applicable.
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Assisting in the adjustment of expert appraisals, particularly when they significantly exceed reasonable estimates.
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Assigning cadastral numbers promptly and, if necessary, facilitating the partitioning of land plots.
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Defining boundaries in their natural context or on-site to ensure clarity and adherence.
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Guiding the process of changing designated land use, ensuring compliance with applicable regulations.
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Determining the most suitable divestment scheme based on tax optimization principles.
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Offering comprehensive assistance with agreement-related inquiries and support throughout the transaction process
Documents required
What's included in real estate legal services?
Our company offers legal services for guiding real estate transactions involving the buying and selling of properties in Ukraine. This service is available to both individuals and foreign legal entities, and we also extend legal support for commercial real estate transactions.
When you approach us, you'll gain assurances of a secure and advantageous agreement that's fully backed by legal protection.
What we provide is comprehensive legal support throughout the entire real estate transaction process. This means you won't need to search for a notary, real estate agent, translator, or other contractors to ensure the success of your deal. We have reliable and vetted professionals, and we'll make their services available to you as we work toward resolving your specific issues.
Cost of legal assistance for real estate transactions
When addressing the question of how much legal services cost for supporting real estate transactions, it's essential to consider that the current pricing depends on various factors closely linked to the nature of the transaction.
Moreover, if a non-resident is involved in the deal, this can also impact the expenses related to legal services for real estate transaction support. There are numerous aspects to take into account before finalizing an agreement with an individual from another country. For instance:
- The existence of a bank account.
- Possession of a residency permit, permanent residency, immigration authorization, or any other document substantiating the person's lawful residency.
- Possession of a Tax Identification Number (TIN) (for tax payments and contractual agreements).
Service packages offers
- We analyze the real estate of interest to the Client in terms of existing risks and provide a legal assessment of the degree of investment reliability - a legal inspection of real estate before purchase
- We study all documents related to real estate provided by the Client
- We carry out a full check of real estate on all available registers and sources that may contain information about such property
- Verification of the registration and founding documents of the real estate owner (statute, order appointing a director, verification of powers in the register, protocols)
- Check for the absence of debt for communal services (house)
- We carry out property encumbrance inspection, property cleanliness inspection, real estate inspection for collateral, real estate history inspection, other types of inspections, depending on the object
- We provide the collected, analyzed information together with the recommendations of our lawyers regarding the object (if necessary, in writing)
- We advise on possible risks arising during a real estate transaction
Stage 1:
- Object audit
- Choosing the optimal scheme of alienation according to tax optimization
- Determination of the way to obtain a result for the Client
- Preparation of a package of documents necessary for the notary to certify the agreement
- In certain cases provided for by law, support with documentary evidence to reduce income from the sale of real estate
- Adjustment of the expert assessment in the direction of underestimation, as a result of its significant excess
- Help in creating an account for a successful transaction
- Accompanying the transaction with a notary
- Consulting on further registration of real estate
- Communication of the lawyer with other participants of the agreement (seller/buyer, notary, realtor, etc.)
Stage 1:
- Object audit
- Choosing the optimal scheme of alienation according to tax optimization
- Determination of the way to obtain a result for the Client
- Preparation of a package of documents necessary for the notary to certify the agreement
- In certain cases provided by law, support with documentary evidence to reduce income from the sale of real estate
- Adjustment of the expert assessment in the direction of underestimation, as a result of its significant excess
- Help in creating an account for a successful transaction
- Accompanying the transaction with a notary
- Support of the agreement by a lawyer
- Consulting on further registration of real estate
- Communication of the lawyer with other participants of the agreement (seller/buyer, notary, realtor, etc.)
- Assignment of cadastral number
- Division, unification of land plots
- Entering data into the State Land Cadastre
- Registration of ownership of the object
- Delineation of site boundaries in kind/on the ground
- Change of purpose of the land plot
- Division of the house between co-owners
- Commissioning
- Legalization of independent construction
- Conversion of country houses and garden houses into residential houses
Legal services for real estate transactions
Sale or purchase of real estate in Ukraine on a turnkey basis: a full range of services includes an action plan, an in-depth inspection of the object, selection of a notary, preparation of documents and even remote sale.
All additional services in one place:
- registration of inheritance;
- TIN and migration services for foreigners;
- optimization of taxation;
- optimization of taxes through the authorized capital of the LLC;
- withdrawal of funds abroad, etc.
We will help solve problems with the real estate itself before the deal:
- obtaining a technical passport, BTI permit, carrying out an expert assessment of real estate;
- legalization of reconstruction, change of purpose;
- working with the bank for non-cash settlement;
- objects of cultural heritage;we solve the issue of land, profitable territory;
- redevelopment of buildings, legalization of self-build, construction amnesty, privatization, etc.
We will think about your risks in advance. If the purchase of real estate will be unprofitable or risky for you, we will honestly say so.
All types of real estate. All regions of Ukraine. We work with both individuals and legal entities. There is a solution to your problem, and we know it.
The cost of real estate attorney services generally does not cover expenses for realtors, notaries, appraisers, and other transaction participants.
However, at the Client's request, we can fully manage all real estate transactions. In such cases, our real estate lawyers naturally take on greater responsibility to ensure a successful transaction outcome.
The documentation necessary for legal support in real estate transactions
When providing our specialists with a document checklist for real estate transaction processing, you should anticipate potential variations. These differences may stem from specific cases as well as the nature of the transaction itself.
The primary criterion for distinguishing the level of support required is the diversity of properties involved. Consequently, each property type entails its own consistent list of requisite documents. However, this list can be subject to modifications based on the specific circumstances, either leading to a more focused selection or a more comprehensive one.
Documents for apartment purchase and sale:
- Document confirming property rights.
- Extract from the rights registry.
- Technical passport.
- Owner's passport and identification code.
- Certificate of registered individuals.
- Property appraisal.
- Receipts.
- Statements of account with housing and utilities providers.
Documents for house purchase and sale:
- Document confirming property rights for the house and land plot.
- Extract from the rights registry for the house and land plot.
- Extract from the State Land Cadastre.
- Technical passport.
- Owner's passport and identification code.
- Certificate of registered individuals.
- Property appraisal.
- Receipts.
- Statements of account with housing and utilities providers.
Documents for buying and selling commercial real estate and land plots:
- Documents verifying ownership of the land and the real property situated on it.
- Extract from the property rights registry.
- Extract from the land cadastre.
- Technical passport from the Bureau of Technical Inventory (BTI).
- Certificate or extract from the state registry of legal entities.
- Charter, minutes of meetings, and appointment orders for directors.
- Protocol for granting rights to transfer property.
- Information about the property's balance value.
Documents for buying and selling agricultural land:
- Document confirming property ownership.
- Extract from the property rights registry.
- Extract from the State Land Cadastre.
- Identification and tax code of the owner and buyer.
- Information about the source of the buyer's funds (rights to property and income; rights to property, income, expenses, and financial obligations/declaration from an individual authorized to carry out state or local government functions).
Frequently, achieving the desired outcome of a real estate transaction in Ukraine comes with a set of questions tied to subsequent property-related actions. For instance, issues concerning taxation, registration, or other post-purchase operations such as water and electricity connections, communal services, and more.
We can aid you in resolving these matters. The cost of legal assistance for real estate transactions in Kyiv and other Ukrainian cities will hinge on the intricacy of the questions.
The timeline for legal guidance during real estate transactions will be affected by the scope of services you need.
Why is the participation of a lawyer necessary when finalizing a transaction with a notary?
The initial and vital step before confirming a real estate purchase transaction involves auditing the property itself, its rights, third-party interests, encumbrances, restrictions on alienation, and the feasibility of ownership acquisition, such as in the case of agricultural land parcels.
According to the established rules of financial monitoring, the notary conducts primary financial monitoring, namely: performs identification of the Client and specifies the origin of funds to be paid; in our case - for the purchase of real estate.
The notary takes into account the country of origin, social status, business activity, financial situation and reputation of the purchaser and based on that can classify the Client as a high-risk person. In our case, the Client did not belong to such a category and did not fall under the detailed test, but it’s worth taking these features into account and preparing in advance all the documents that may be of interest to the notary.
It is important to say that if you are married at the time of real estate purchase, you must get a notarial consent of your wife, because if the transaction is carried out without such consent, even after several years, the court may terminate the agreement at the initiative of the other spouse or even the seller. The same requirements apply to the seller of the property, if he/she is married.
In practice, we have encountered situations when notaries try to cover all bases and offer to notarize the consent for couples who have not formalized their relationship, which in most cases is unnecessary.
Many assume that the notary must verify the transaction's legality. However, a prevalent legal precedent exists where property ownership rights, despite being notarized, have been invalidated.
It's crucial to highlight that such invalidations don't stem from any shortcomings of the notaries. Notaries generally conscientiously adhere to legal standards when performing notarial actions. The reason behind these invalidations lies in the legal unfamiliarity of buyers. During the notarization of transactions, notaries are mandated to verify only the property information specifically outlined in the law. Our lawyers conduct thorough and comprehensive checks on the property, the seller, and any relevant parties, aiming to prevent future legal disputes.
Once the legal audit process with a lawyer is complete and the buyer has made the decision to proceed with the real estate purchase, the next pivotal and legally responsible step involves the transaction's notarial support. This encompasses:
- Compiling a document package.
- Preparing the property for sale (conducting technical inventory, obtaining a cadastral number, establishing plot boundaries, registering property rights, updating the registry with new ownership details, removing previously registered individuals).
- Providing guidance on contract terms negotiation.
- Proofreading the contract and incorporating any necessary changes.
- Tax optimization.
- Overseeing and preparing for settlement procedures (opening an account, etc.).
Possible risks in real estate transactions
Common risks associated with purchasing real estate in the primary market include:
- Non-performance or inadequate fulfillment of obligations by the developer.
- Double sale of real estate properties.
- Failure to put properties into operation.
- The developer's demands for additional payments not stipulated in the contract.
- Unfinished construction.
- Delayed or untimely transfer of the construction object to the buyer, and more.
Potential risks in the secondary market encompass:
- Sale by an individual without proper authority to alienate the property.
- Sale while legal disputes over property ownership are ongoing.
- Alienation without observing preemptive rights.
- Sale of a self-constructed property that has not been put into operation (as a result of reconstruction).
- Sale of property with outstanding payments for utilities.
- Sale of property with registered individuals.
Taxes, fees, and other mandatory payments in real estate transactions
During the transfer of real estate ownership, the following payments are incurred:
- Notarial services (the cost depends on the notary's fees and mutual agreement).
- Administrative fees and expenses for obtaining necessary certificates and appraisals.
- 1% contribution to the pension fund based on the contract price.
- 5% tax (for residents and for the 1st or 2nd sale within the tax year + ownership duration of over 3 years, unless inherited).
- 18% tax (for non-residents and for the 3rd and subsequent sales within the tax year).
- 1.5% — military tax.
- Other unforeseen costs that may additionally arise.
In certain cases, when divesting real estate, the income from such a sale might be offset by documented expenses incurred during the acquisition of said property.
Why us
Assessing the risks of real estate investment
Investing in real estate is a dependable and promising endeavor. However, there's a flip side to this coin – the possibility of falling into a fraudulent scheme when encountering an unscrupulous seller. That's why we recommend seeking legal counsel to evaluate the risks associated with real estate investment. Our specialists will thoroughly analyze the property and based on the gathered information, provide guidance on whether investing funds into it is a prudent choice.
When assessing risks, we don't solely examine the construction and design documents, land plots, and contracts; we also scrutinize the reputation of the client, developer, and general contractor. The cost of assessing the risks of real estate investment is generally included in the service packages listed above. Specific scenarios can be discussed with our legal experts who specialize in investment support for real estate.
Preliminary agreement in real estate transactions
In light of legislative changes pertaining to investment in new constructions and the assurance of property rights for properties that will be built in the future, several previously prevalent investment strategies have now fallen beyond the bounds of legal compliance.
The involvement (investment, financing) of construction clients, development firms, or management funds in the financing of construction activities, drawing funds from both individuals and legal entities, including for project management purposes, to construct real estate properties and subsequently acquiring ownership rights, can exclusively be accomplished through:
- Entering into a contract for the purchase and sale of indivisible units of unfinished constructions/future real estate properties (shares in indivisible units of unfinished constructions).
- Concluding an agreement for participation in a construction financing fund.
- Conducting the issuance of purpose-specific corporate bonds, which are redeemed through the transfer of the property to the investor.
Extract from the property ownership registry
As the legislation concerning property ownership rights, especially the various types of establishment documents, is constantly evolving, there is a current need to update ownership information by entering data into the property registry.
In the context of conflicts, questions like inheritance documentation and compensation for properties destroyed during events like fires, floods, or aerial strikes become essential. However, a significant amount of paper documents is lost or at risk of being lost, including archival components, or they might be located in temporarily occupied territories. Therefore, by registering your data in the Registry, you not only safeguard information about your ownership rights in paper documents but also ensure that, in case of their loss, document recovery can be easily facilitated.
Inheriting real estate: Navigating the process
When an heir is unable to manage the submission of documents for inheriting property on their own, they can delegate this responsibility to another person through a power of attorney. However, due to changes in legislation over different years, the documents establishing ownership rights have also evolved, along with the requirements for their format, content, and preparation. Moreover, bureaucratic procedures have often resulted in cases where property ownership rights are not fully formalized within many inheritance matters. In light of these complexities, seeking assistance from legal experts is advisable when stepping into an inheritance. These professionals will work in parallel with notaries, archival institutions, registrars, land surveyors, and other relevant entities to ensure that the documents are brought into a "legally sound order" while simultaneously initiating the inheritance process.
How to buy an office in Ukraine and check it before purchasing?
Buying an office is a serious investment, which means you have to be sure of its security. Unfortunately, it is often not enough the word or advice of a realtor who has access to a very limited number of sources of information, and is not responsible for in-depth verification of the transaction safety.
When selecting office premises, we advise checking the following issues to ensure that your transaction goes smooth and without surprises.
Check the premises for general requirements.
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The premises must be owned by the seller, which must be confirmed by relevant documents;
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The premises must not be pledged or be the subject of legal proceedings;
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The office must correspond to its technical passport - any unrecorded alterations and redevelopment may become a problem when buying premises;
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The office must be provided with all necessary utilities for your business, without any utility debts.
If it is a new office building that is under construction it’s worth checking the following:
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The reputation and history of the real estate developer, make sure that it has no proceedings before the court, etc;
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The documents on the construction land - we know cases when the land was in a lease, and after the construction was completed, the lease contract was terminated, which caused a lot of problems for the persons who bought the property;
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The construction permits - while investing your money in a new building you should understand if the construction is legal and if there is a high chance for its completion.
Check the seller of the commercial real estate.
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It is necessary to check the seller’s authority to sell the property;
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If the seller and the owner are different persons, it is necessary to verify the reality of the owner's desire to sell the office premises;
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If there are several owners, it is necessary to obtain the consent of all of them, and to make sure that they can sell the office premises. It is also necessary to get a notarial permission for sale from each of them;
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It is necessary to check the seller/owner in the registry of debtors, registry of court decisions, and registry of alimony debtors;
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Check the seller’s reputation and history.
Check the contract of sale for the office premises.
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It is necessary to carefully proofread and, if necessary, improve the contract of sale;
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If the office is an asset of a legal entity - the contract must specify the procedure for its withdrawal and transfer to the new owner;
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It is necessary to know the rules of signing an agreement at the notary, and apply only to a proven notary;
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If you do not speak Ukrainian well, you will need the services of a certified interpreter to sign the agreement at the notary, otherwise the notary will not be entitled to conduct the transaction.
Please note! Office premises in Ukraine can be found not only in large office centers, but also in residential buildings. In this case, it is important to make sure that the premises, if required by law for the type of your business activity, is transferred to a non-housing stock - that is, the office doesn’t belong to a housing stock.
With regard to the procedure of buying the office premises, you need to clearly understand whether it is suitable for your purposes, and to make sure that it has been already transferred to the bob-housing stock.
Does it matter who the seller of the office is?
The seller of an office in Ukraine can be either an individual or a legal entity. The sales procedure will differ in terms of the set of documents required by the seller and the nature of the pre-sale due diligence.
For example, if a legal entity intends to sell an office space, if it is its asset, it will need to go through a certain procedure, the result of which will be:
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The decision of the legal entity to alienate the real estate, as set forth in the Minutes of the meeting;
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Copies of constituent documents of the legal entity;
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Documents of the representative, including power of attorney and documents confirming his/her identity;
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Copies of documents confirming the title of the legal entity to the real estate;
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Documents confirming the preliminary appraisal of the property.
Before buying, you need to make sure that these documents are legitimate and that the representative of the company really has the right to conclude this kind of transaction.
Regardless of who is selling you the office - an individual, a legal entity or a real estate developer - you need to check the seller and make certain that the seller is reliable.
How can a non-resident buy an office in Ukraine?
In order to buy office space in Ukraine a foreigner will need:
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To obtain a TIN ( 1-3 days with the assistance of a lawyer);
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To open an account in a Ukrainian bank.
When concluding the transaction at the notary. a foreigner will need to bring a TIN, certificate of account opening, as well as provide his/her passport used for entering Ukraine, and a copy of it, including translation certified by a notary.
A foreign legal entity will only need to open an account in a Ukrainian bank and prepare certain documents - first and foremost, the company registration documents, certified and translated into Ukrainian.
Payment for the purchase of real estate in Ukraine must be made by bank transfer. In this case the buyer pays 1% of the contract amount as a state fee and another 1% to the Pension Fund.
Answers to frequently asked questions
What documents are required for the sale and transfer of ownership of an apartment? And which party should cover the notary fees?
Proof of Ownership Documents Technical Passport Marriage Certificate (if applicable, for spousal consent) Technical Passport (again, for clarification) Certificate of Registered Residents Property Valuation *This is a general list. Additional data and documents might be required after document analysis, both from the seller and the buyer. Regarding Notary Services: The costs for notarizing the contract are typically agreed upon between the buyer and the seller (often split 50/50). Taxes and military fees, if applicable, are paid by the Seller. The 1% pension fund contribution is paid by the Buyer.
I am currently abroad. How can I remotely inherit property in Ukraine?
If any of the heirs are registered at the same address as the deceased, they automatically inherit the property. This is confirmed by a family composition certificate. If this is not the case, you need to submit an inheritance acceptance application to a notary at the deceased's last place of residence within 6 months from the date of death. Such an application should be certified by an embassy or notary abroad.
We're in the process of buying a piece of land, but the official documents show a lower amount than what we're actually handing over to the seller in person. What potential risks could arise?
During the preparation and signing of the land plot sale and purchase agreement, it's crucial for it to encompass all accurate terms, especially concerning the land price. Other informal annotations or commitments hold no legal validity and cannot be considered. The seller intentionally avoids stating the true price to evade taxes and military contribution to the budget. If the contract is annulled or deemed void, you will be refunded the amount stated in the transaction. However, justifying and reclaiming any funds that were transferred to fulfill the contract's conditions but were not explicitly outlined in the contract itself would necessitate substantiation and legal recourse.
Can I purchase a house and register it in my husband's name, even though he is currently serving on the frontlines? What specific documents would be required for this process?
To achieve this, you would need to secure a power of attorney from your husband. This power of attorney can be officially endorsed by the commanding officers or superiors within his military unit, division, institution, or military educational establishment. Validated wills and powers of attorney are then recorded by authorized officials in a registry designated for the enrollment of wills and powers of attorney, thereby granting them the same legal standing as notarized documents.
Buying and selling property in Ukraine with the assistance of a real estate lawyer
Our team of lawyers has acquired extensive experience dealing with a wide range of unique situations involving real estate transactions.
Throughout these transactions, we've adeptly represented the interests of both sellers and buyers.
One of the central tenets that underscores our approach to facilitating real estate transactions is an unwavering commitment to legality and transparency.
When finalizing a purchase and sale agreement, our lawyer guides the client by:
1. Reviewing the final version of the purchase and sale agreement before its signing.
2. Analyzing the realtor's service agreement.
3. Verifying the availability of necessary documents, such as a residence registration certificate, an expert appraisal of the property, and ensuring the correctness of their preparation and content.
In the current climate of military exigencies, during which numerous property owners have departed abroad, the practice of selling real estate based on falsified powers of attorney has unfortunately become all too common.
How it works:
An individual approaches a notary public to create a power of attorney for a property sale, presenting a counterfeit passport. While the notary does confirm the identity based on the passport, how can one ensure that the photograph in the passport truly belongs to the owner?
It's crucial to request the Diia app whenever feasible and verify the passport. When guiding such cases, if any suspicious situations arise, we undertake the following measures to validate:
- the authenticity of the granted power of attorney;
- the inclusion of details in the registry;
- if possible, we directly engage with the property owner through video chat to address any doubts.
Additionally, you can track powers of attorney that have been issued in your name for the management of real estate, especially if you have certain suspicions or if you are located abroad.
During our support process, we take care of all aspects of documentation, including procedures for registering property rights in the official registry, and legalizing any alterations, reconstructions, or unauthorized construction. We also handle the creation of new technical documents, property valuation, and provide expert advice for optimizing taxes.
Legal assistance for all real estate transactions in Ukraine with a trusted realtor
We offer legal services to accompany real estate transactions, combining the expertise of a lawyer with a reliable realtor, all under the supervision of a specialized attorney.
Realtors and agencies in Ukraine can assist in finding properties, but they are not responsible for failing to provide relevant information (such as liens, risks, or mortgages). Moreover, they are not obliged to verify the presence of outstanding debts for utility payments related to the property.
Our services cover a wide range of real estate transactions, catering to both your property search needs and a comprehensive examination of the property and its seller. Following this assessment, we provide full support in finalizing property acquisition contracts in Ukraine, including the registration of the new owner's information in the official registry.
Please note! When transferring property ownership, it's essential to also update the account holder for utility payments. We are fully prepared to handle this task on your behalf. In particular, we will reassign the accounts under your name or establish new ones.
In essence, by collaborating with us, you're not simply gaining assistance with real estate transactions, but also benefiting from a convenient property selection process, a secure purchase procedure, and the convenience of having accounts linked directly to you. There's no need for stress or navigating through bureaucratic complexities – you receive a property that's ready for seamless utilization or occupation.
Pre-purchase legal consultation for foreigners buying property in Ukraine
The process of a non-resident purchasing real estate in Ukraine can raise a multitude of questions. A lot depends on the type of property you intend to buy and the purpose of the acquisition – whether it's for personal use, rental purposes, or other objectives.
We extend an informative legal consultation with our real estate lawyer who will not only grasp your situation and objectives but also devise a tailored roadmap to achieve these goals, rooted in the norms and practices of Ukrainian law.
These legal property consultations can be offered in Kyiv, either in person or through online channels.
Complex predicaments often have various solutions – we will assist you in pinpointing the optimal one and handle the necessary procedures on your behalf. This underscores the advantage of an initial legal consultation with a real estate lawyer specialized in transaction support.
Please note! You should be prepared for the possibility that if our legal team finds the selected apartment, land plot, house, realtor, notary, or appraiser to be less than reliable, we will likely recommend considering alternatives. In such instances, the guidance of a real estate lawyer becomes exceptionally valuable.
If you're interested in receiving step-by-step guidance to achieve your goal, you can opt for our "Roadmap" service. This service will:
- Allow you to pose questions to the lawyer and receive expert responses.
- Provide you with information about potential risks in your specific situation.
- Enable the lawyer to understand your needs and goals, offering an optimal approach to attain them.
- Provide you with a comprehensive understanding of the situation and, most importantly, an optimal algorithm to resolve the issue.
If you're aiming to lawfully and securely finalize a favorable real estate transaction, don't hesitate to contact us. We are committed to ensuring your security throughout the process.
We are ready to help you!
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