The Importance of Signing the Title Deed in Notary Form
- on 05.31.11
- Bulgarian properties articles
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The notary act defines who is the legal owner of the Bulgarian property. It is only valid if ft isin notaryform, signed in-front of and by a notary. You should know this, in case someone tells you that just a simple contract signed between you and them along with payment, is sufficient.
The notary is a key figure in the transfer of property in Bulgaria. The signature of the notary on the notary act actually transfers the ownership from one person or company to another. Notaries in Bulgaria are private. The notary is independent of both parties, and is obliged under the law to ensure that the seller is the rightful owner of the Bulgarian property and that all special conditions of the law have been fulfilled. He or she is also liable legally if this turns out not to be the case. All notaries are obliged under the law to have indemnity insurance. The notary is the one to guide and advise both parties if there is a problem or conflict between them on the day of signing of the title deed.
Some people think that they can go directly to a notary without using a lawyer to prepare all the legal documents. This is not the job of a notary. In principle they only check the documents presented. It is the job of a lawyer to co-ordinate the obtaining of the documents and to check them all before going to the notary. There are some notaries who will advise and even assist in this process, but one should avoid doing this, since the notary is meant to be independent.
The deal must be signed in front of a notary, in their office, which must be registered in the same region as the regional court where the property in Bulgaria is situated. For example, if you signed a notary act for the property you are buying in Varna in front of a notary registered and acting in the capital, Sofia, then the title deed would be null and void. All the legal documents must be presented in original form before the notary, such as the title deed of the seller, the skitsa, the tax evaluation, and so on. Your lawyer and the notary will ensure all is correct in order for the transfer to be valid and in compliance with the law.
The notary will check the identity of the parties who sign the notary act. The notary will then read aloud the text of the notary act and ask if the parties agree to it. If both parties are happy with the text, they sign it in front of the notary. If you are signing the act personally, not through your lawyer (or others), there should be an interpreter to translate and read the text to you in English. If there is anything you don’t understand, you must ask for clarification.
Certified Translations
It is important to ensure that all documents you are signing have been translated in writing. These translations are often done by the staff working for the agent or lawyer you are dealing with. For peace of mind, however, you might wish to employ the services of an independent certified translation company-Documents that should be translated are the preliminary contracts, notary deeds, building surveys and works contracts.
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