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Free Guide to Hiring a Real Estate Lawyer
Conveyancing is the legal process of transferring ownership of real estate from one person to another. In Moschato, Greece, conveyancing follows the national legal framework for property transactions while interacting with local authorities such as the Municipality of Moschato-Tavros and regional offices of the Hellenic Cadastre - Ktimatologio. Typical conveyancing work includes checking the legal title, confirming there are no encumbrances or debts on the property, preparing or reviewing the sales contract, arranging notarisation of the final deed, and completing the required registrations with public authorities.
The process usually involves a lawyer and a notary-public working alongside the buyer, the seller, tax authorities and municipal offices. Lawyers carry out due diligence and protect the client’s legal interests, while notaries prepare and execute the formal deed that legally transfers title. Because Greek property law and local administrative practice can be complex, especially in urban areas like Moschato, many buyers and sellers choose to retain a local lawyer for clarity and risk management.
You may need a lawyer in conveyancing for several common reasons:
- Title and ownership disputes - if ownership history is unclear, a lawyer will trace deeds and resolve defects in title.
- Encumbrances and mortgages - to identify and handle existing mortgages, liens or easements that affect use or transferability of the property.
- Complex inheritance matters - inherited property often requires probate processes, transfer of rights among heirs, or resolution of missing documentation.
- Cross-border or foreign buyer issues - foreign nationals often need assistance with Greek residency, tax obligations, and translation of documents, and with powers of attorney if they cannot be present.
- Contract drafting and negotiation - to prepare or negotiate preliminary agreements, contractual protections, escrow arrangements and conditions precedent to closing.
- Compliance with building and planning rules - to confirm that the property complies with planning, building permits and energy performance requirements, and to advise on regularisation of unauthorised works.
- Tax and cost planning - to estimate and minimise transaction taxes and fees, and to ensure correct declarations to tax authorities to avoid penalties.
Key aspects of Greek and local law relevant to conveyancing in Moschato include:
- Hellenic Cadastre - Ktimatologio: Most property registrations and title records are managed through the Cadastre. Confirm whether the property is registered in the Cadastre or under the older Land Registry system and determine what searches and registrations are required.
- Notarial deed requirement: Transfers of real estate are generally completed by a public notary who prepares and executes the authentic notarial deed. The deed is the core document that legally transfers ownership.
- Transfer taxes and VAT: Property transfers are subject to taxes and in some cases VAT. Whether transfer tax or VAT applies depends on the nature of the property and whether it is a resale or a new build. Taxes and stamp duties and their calculation must be verified for each transaction.
- Mortgages and registrations: Mortgages must be registered and are removed only when legally discharged and updated in the Cadastre or Land Registry. Priority of charges is important when multiple encumbrances exist.
- Building and planning rules: Municipal and national planning rules determine permitted use, building permits and any need for retrospective legalization of constructions. Local municipal records and building permits should be checked for compliance in Moschato-Tavros.
- Inheritance and succession law: Transfers by inheritance can require probate-like administrative processes and may involve specific tax treatment and documentation from courts or tax offices.
- Anti-money-laundering and identity checks: Lawyers and notaries must follow identity verification rules and report suspicious transactions; buyers are required to provide proof of funds in many cases.
The first step is to instruct a local lawyer to run due diligence checks on title, encumbrances, cadastral registration, and municipal records. The lawyer will confirm the seller’s right to sell, identify any burdens or liabilities attached to the property, and advise on taxes and costs. Parties often sign a preliminary agreement that sets out the main terms and a deposit arrangement.
Yes. A notary executes the final authentic deed that transfers ownership. A lawyer performs due diligence, prepares or reviews contracts, negotiates terms and protects your legal interests. Many buyers retain a lawyer even when a notary is involved, because notaries do not represent either party in the same way a lawyer does.
Timing depends on the specifics of the transaction. Simple sales with clear title can complete in a few weeks once both parties are ready. Transactions requiring title regularisation, mortgage discharge, inheritance documentation or complex searches can take several months. Local administrative delays, such as Cadastre registration or municipal clearances, also affect timing.
Your lawyer will search the relevant Cadastre office records to confirm registration. If the property is not yet registered in the Cadastre, searches in the older Land Registry and municipal archives are required. Registration status affects the type of searches and the registration process after purchase.
Buyers generally pay transfer tax or VAT depending on whether the property is a resale or a new-build subject to VAT. Additionally, there are notary fees, lawyer fees, registration fees at the Cadastre or Land Registry, and possible municipal charges. Exact amounts vary by value and circumstances, so obtain a written estimate from your lawyer and confirm tax treatment early in the process.
Yes, foreign nationals can buy property in Greece, including Moschato. Specific documentation, tax identification number and sometimes approval from relevant ministries may be required depending on nationality and the property location. Foreign buyers should use a local lawyer and a translator if needed and may need to grant a power of attorney if they cannot attend in person.
Unpaid debts, municipal charges or tax liabilities attached to the property can create risks for the buyer. A lawyer will identify such burdens during due diligence and advise whether the seller must clear them before completion or whether a deduction or escrow arrangement is appropriate. Outstanding debts can sometimes remain attached to the property if not properly handled at closing.
When a mortgage is repaid, the creditor must issue a release document and the release must be registered with the Cadastre or Land Registry to remove the encumbrance. Your lawyer will coordinate with the bank and the registration office to ensure the mortgage is cancelled in public records, which is essential before or at completion of a sale.
Common documents include valid ID or passport, tax identification number, recent title deeds and cadastral extracts, proof of payment of property taxes, certificates of encumbrances, building permits and energy performance certificate if required. Sellers supplying properties by inheritance may need court or tax certification. A lawyer will prepare a specific list based on your situation.
Ensure the agreement is drafted or reviewed by a lawyer and includes clear conditions precedent, a defined deposit amount and terms for refund or forfeiture, timelines for completion, and responsibilities for clearing any encumbrances. Consider including contractual remedies for non-performance and specify the governing law and dispute resolution method.
Helpful resources and bodies to consult include:
- Hellenic Cadastre - for official registration and cadastral information.
- Local Municipality of Moschato-Tavros - for municipal planning, building permits and local charges.
- Local Tax Office - to obtain tax clearance certificates and calculate applicable transfer taxes or VAT.
- Notary public offices - to execute the final deed and handle notarial formalities.
- Local Bar Association - to locate qualified property lawyers in the Piraeus/Athens area and verify professional standing.
- Professional real estate surveyors and engineers - for building compliance checks, property surveys and energy performance certificates.
If you need legal assistance for conveyancing in Moschato, consider the following step-by-step approach:
- Gather basic documents - identity documents, tax numbers and any title documents you already possess.
- Contact a local property lawyer and request an initial meeting to explain your objectives and obtain a fee estimate and timeline.
- Authorise due diligence - instruct your lawyer to run title searches, check the Cadastre, verify encumbrances and inspect municipal and building permits.
- Negotiate and document terms - have your lawyer draft or revise any preliminary agreement, including deposit, conditions and deadlines.
- Arrange tax and financial planning - confirm applicable taxes, obtain written tax cost estimates and arrange escrow or payment methods as advised.
- Complete the transaction - attend the notary to sign the final deed, ensure taxes and fees are paid, and supervise registration with the Cadastre or Land Registry.
- Register ownership and update records - confirm the change of ownership in all relevant public records and obtain copies of the registered deed and updated cadastral extracts.
If you are a foreign buyer or you cannot attend in person, ask your lawyer about a properly drafted power of attorney and translation requirements. Always obtain a written engagement letter setting out fees and scope of services before work begins.
