Purchase Agreement
Once a suitable property has been identified, a 2.5% reservation fee will be required. The Purchase Agreement is entered into between the vendor and the purchaser. The agreed property shall then be removed from the market, subject to a 28-day reservation agreement.
Preliminary Contract for Phase 1
The Preliminary Contract is entered into by the vendor and the purchaser and in doing so the requisite unit or apartment shall be reserved. On signing the Preliminary Contract, 7.5% of the purchase price is payable to the vendor's solicitors bank account. 30 days after exchange of contract an additional 10% is payable. The funds will then be transferred to the vendor's account. This fee is non-refundable, should the purchaser fail to enter into the Final Contract, and shall be deducted from the final purchase price. In the event that the vendor fails to deliver the real estate the 20% fee shall be refundable into the purchaser's nominated bank account, net of handling charges.
Preliminary Contract for Phase 2
The Preliminary Contract is entered into by the vendor and the purchaser and in doing so the requisite unit or apartment shall be reserved. On signing the Preliminary Contract, 7.5% of the purchase price is payable to the vendor's solicitors bank account. 30 days after exchange of contract an additional 20% is payable. Once Act 14 has been achieved, a final stage payment of 20% is required. The funds will then be transferred to the vendor's account. This fee is non-refundable, should the purchaser fail to enter into the Final Contract, and shall be deducted from the final purchase price. In the event that the vendor fails to deliver the real estate the 50% fee shall be refundable into the purchaser's nominated bank account, net of handling charges.
Final Contract for Phase 1
After signing the Final Contract, which shall include details relating to the property such as delivery period, price and technical characteristics of the building, the outstanding 80% is payable to the vendor. Once the Final Contract is signed and all monies transferred, the purchaser is authorised to take possession of the unit or apartment.
Final Contract for Phase 2
After signing the Final Contract, which shall include details relating to the property such as delivery period, price and technical characteristics of the building, the outstanding 50% is payable to the vendor. Once the Final Contract is signed and all monies transferred, the purchaser is authorised to take possession of the unit or apartment.
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Under Bulgarian law, foreigners can directly acquire real estate for residential or investment purposes but cannot own the land upon which the property stands. This particular law is likely to be amended in order to bring Bulgaria in line with existing EU legislation which shall be effective after a seven-year transition period. Below are details of the process by which a purchaser may pay for and take possession of a property once a suitable unit has been chosen.
Notary Deeds and Property Registration
Transactions of real estate in Bulgaria have to be executed by notary deed and performed by a registered notary in the locality. After the deed has been executed, the notary must register the transaction in question in the Real Estate Registry in order to secure the ownership title. These processes shall be undertaken by the vendor.
Disclaimer
This information is provided to assist potential buyers but the buyer should obtain independent legal advice regarding all issues raised.
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