REAL ESTATE TRADING PROCESS
The sale process - For the transaction will be necessary following documents:
- The act of acquisition of real estate;
- Book extract land issued by judges in whose territorial range is building;
- Tax certificate issued by the mayor;
- Identification (ID card, passport, driving license);
- Certificate of marriage.
The act of acquisition of real estate can be:
Contract of sale (be concluded between seller and buyer):
In all cases the acts of ownership must be declared at City Hall, within a month from the date of acquisition. In case you missed the framing in this period there is a penalty fine. If not declared, are required to declare the following acts:
- Donation contract;
- Real estate exchange contract;
- Certificate of heir;
- 2 copies of the property (one original and one copy);
- A sketch of the building with useful area thereof;
- Owner ID copies;
- Application form;
Tax certificate. It is issued by the Main Directorate-Fees and taxes and is valid for 48 hours. To do this it is necessary that taxes be paid to date and there is not paid fines. For the release of the following documents are necessary:
- Book Excerpt land to date;
- Copy of the identity card of the owner;
- Request form;
- Tax stamp;
- Book Excerpt land. It is the act that reflects the most comprehensive legal status of the building in question. It is valid 24 hours, which is just off the day the transaction. In case previously signed the act is genuine wishes of a fore contract end, the land can be verified on telephone.
WARNING: If the property whose sale is the intention is not transcript, will first proceed to transcription, on the basis of the following documents:
- Two copies of the notice of acquisition of real estate (at least one original);
- Sketch building respectively;
- Minutes giving-receipt of the building;
- Request transcript addressed sector Arrangements Books, the Law Court;
Identification must be in the term of validity to be used in signing the act of disposal of real estate. If that bulletin / identity card expired during the current year, legitimation can be either passport or driving licence. If damage report by the seals applied by the competent organs are no longer visible, it will use the last two acts mentioned, or two witnesses who know the person concerned. Certificate of marriage is absolutely necessary to conclude authentic act, because the sale-purchase is an act of disposal, which involves the consent of both spouses, or the quality of spouses can not prove only with certificate of marriage.
WARNING: If the owner of the building is only one of the spouses, but the building was paid during the marriage through monthly rates (even if only part), the signing of the act is genuine need the consent of both spouses.
Selling through the representative:
Although Romanian law is based on French Civil Code, unlike it does not expressly stipulates that the sale made by a nonowner is null, will apply its rules of common law in the matter, mission even more difficult to be determined how such rules in Depending on the facts. Can we still say that there are several hypotheses:
Both the seller, and buyer were bad faith, knowing that the property belongs to another person. In this situation, such a sale is hit by absolutely nullity, not even the transcription not being able to preserve the right so acquired.
At least buyer did not know the seller is the owner of the property sold, in which according to law, the sale is hit by the relative emptiness, which may be requested by the buyer.
So only the buyer is entitled to request cancellation of the sale, but the law allow the sale could be ratified by the real owner or can be further strengthened by the acquisition of property by the seller.
The real owner is not available than action claim under a point of view.
According to another for sale in these circumstances would not remove, but rezolubila from the field in which shows that, in terms of buildings, at which he transliterated title is the first owner.
Instrainarea a good individuals by an coindivizar one without the other, or a good codevalmas husband of one without the other-coindivizarilor situation in which they only recognize the right to require the share to determine the asset allocation of one of them. Should be noted that the situation in which one of his coindivizari sell only share his ideal, without affecting others selling shares is valid simply in case of spouses-codevalmasi, everything is governed by law in matters of economic relations between spouses.. Starting from art.35 C. families, wife manages, use and disposal together for common goods, and any of them exercising these rights is assumed to have the other's husband. (See tacit mutual mandate). This presumption is but a relative can be crashed by evidence to the contrary.
Notwithstanding the rules in the matter, husbands can not divide or strike estate assets without the express consent of each of them expressed in advance. Customer has a valid title to property, but later canceled it.. In such situations, law is in agreement with the solution to maintain the sale, each court motivating her but with other texts of the law.
Purchase process - the inability to buy are spread in several acts:
- Romanian Constitution stipulates in one of its articles as foreign citizens and stateless persons / can not acquire ownership over land.
- Law 18/1991 (the law of the land fund) provides that persons who have no citizenship Roman domicile in Romania and, as well as legal persons who have not Romanian nationality and based in Australia, can not acquire ownership of land by any acts between living?
Civil Code, in art.1308 show that I can buy, under penalty of nulity, the following categories of persons:
- Tutors from those who are under their guardianship;
- Agents instructed to sell the goods to another person;
- Officialities goods municipalities can not buy these goods;
- State officials can not buy the goods that are sold through their judges, prosecutors and lawyers can not be reinsurers rights disputes circumscriptia Court of Appeals in which they operate Art.1307 C.civ prohibits sales between spouses under penalty of cancellation.