Sale contract for real estate in Slovenia - provisions, land registry registration process and acquisition of ownership rights

A sales (also purchase) contract is a type of onerous legal transaction in which the seller undertakes to deliver the property to the buyer in such a way that the buyer will acquire ownership rights, and the buyer undertakes to pay the agreed purchase price to the seller within a specified period.

The sale contract for real estate (apartments, houses, land, agricultural land, garages, co-ownership shares, etc.) represents a legal title, i.e., an agreement between the seller and the buyer to conclude a sales contract, contains a provision on the amount of the purchase price, the payment deadline, delivery or takeover of possession, and other provisions. It must be concluded in written form, in certain cases even in the form of a notarial record (for example, when selling according to the provisions of the Law on the Protection of Apartment Buyers and Single-Family Buildings - ZVKSES).

For the transfer of ownership rights in the land registry (and thus the acquisition of ownership rights at all), a land register permit is also necessary, i.e., an intabulation clause with the notarial authenticated signature of the seller. In the event that the seller's signature was authenticated by a notary abroad, also an apostille or certification of the authenticity of the signature, which is performed by the competent authority of the country of origin of the document and does not refer to the content of the document itself. A prerequisite for authenticating the seller's signature is the application or declaration for the assessment of tax and payment of tax. It is also necessary to consider any legal and contractual restrictions on sales, for example, pre-emptive beneficiaries (for example, the municipality, the Republic of Slovenia) with a preferential right to purchase under the same conditions, legal restrictions on certain types of real estate, etc.

To acquire ownership of real estate based on a sales (and gift) contract, it is necessary to register the acquisition of ownership in the land register.

It is important that the contract for real estate transactions is drawn up by a legal expert, so entrust the preparation of the contract to a professional lawyer. In this way, you will avoid all hazards and risks associated with buying or selling real estate and registering in the land registry. Attorney Jurij Kutnjak from Slovenia will check the legal status of the property, obtain all the appropriate documentation, and prepare a draft sales or other contract.