As this is a longer topic we have also prepared a short blog series on this.
📜 Why do you need a lawyer to help you draw up a contract for the sale of your property?
In Hungary, only a lawyer or a notary can countersign a contract for the sale of real estate, as required by law. The lawyer’s duties include:
- writing the contract,
- legal information for the parties,
- registering the ownership of the property with the competent land registry.
⚖️ Who pays the cost?
The law does not specify whether the buyer or the seller is obliged to pay the lawyer. The parties are free to agree on this. However, according to real estate practice, in most cases the buyer pays the lawyer’s fees.
Why? Because it is usually the buyer who chooses the lawyer, and it is in his or her interest that the contract properly protects his or her future ownership.
However, it’s important to point out that the seller can insist on their own lawyer, but I often see that both parties have lawyers in a sales contract.
🧾 What if the seller insists on his own lawyer?
We are not the same. Some customers are more distrustful than the average. Now if the seller is this type, the buyer and his lawyer will have a hard time.
In this case, it is either worth having the seller’s lawyer draw up the contract and the parties agree to share the cost, or each party pays their own lawyer. However, it is important to know that a lawyer cannot represent both parties at the same time in the case of conflicting interests – so the lawyer can only formally represent one party, but that does not mean that a fair contract cannot be written.
If you’re buying or selling a property and want a secure, legally clean transaction, feel free to contact me – I’ll help you with the entire sale and purchase process.
Dr. Tamás Ökrös Law Firm
