Documents and checks — is what “looks good” enough?
Once it has been clarified who the owner is and whether the property as a right is saleable, the logical next question is whether the documents that are presented actually reflect the real legal and factual condition of the property. In practice, it is here that the error “everything looks fine” is most often made, which later turns out to be fatal, because the formal correctness of documents does not always mean legal certainty.
What is actually checked when buying a property in Bulgaria and what often remains out of sight of the buyer?
In a standard transaction, buyers usually check whether there is a notarial deed, whether the property is listed and whether there are visible encumbrances on it. However, this is only the surface layer. The actual legal verification includes an analysis of all the acts registered on the lot of the property, because the purpose of the registration is to give visibility to the acts subject to registration, according to Article 1 of the Registration Regulations, and under Art. 4 IP shall be subject to registration of all acts transferring or establishing a right in rem over immovable property.
In practice, this means tracking not only the last notarial deed, but also previous acquisitions, foreclosures, mortgages, right-of-use contracts, established easements or building rights. Buyers also often miss checking whether the property corresponds to the cadastral map and cadastral records, which leads to problems with identifiers, area and boundaries in future transactions or financing.
A significant omission is also the lack of verification for pending litigation. The registration of claims also has a protective function and can make the buyer's right unenforceable if he acquires the property after the registration of the claim, even if he acted in good faith.
Particularly complicated are cases in which the seller is the heir of a deceased owner - a foreigner. In one such case, the seller claimed to be the sole heir, but already during our inspection we found that the Bulgarian certificate of heirs was not enough, since the deceised was a foreign citizen with unexpected heirs - brothers and sisters in another country. Thanks to our timely intervention, a European certificate of inheritance was prepared, the full circle of heirs was established, and all the necessary agreements, declarations, powers of attorney, translations and consents were prepared. The transaction was completed with the participation of all the heirs and without the risk of future claims to the buyer.
Can formally clean documents cover up a real legal problem?
One of the most dangerous illusions in real estate transactions is the belief that “once the documents are clean, there is no risk.” In reality, it is quite possible that there are notarial deeds and entries that formally meet the requirements, but rest on a controversial or distorted legal basis. The law allows nullity or voiding of transactions in the absence of consent, contradiction with the law or circumvention of the law, according to art. 26 ZPD, and these vices are not always apparent from the document itself.
A typical example is declaratory notarial deeds issued on the basis of an alleged acquisition limitation period or submitted declarations, which are later challenged by heirs or third parties. The document exists, it is inscribed, but the law behind it is unstable. The same applies to transactions in which the price and payments are agreed outside the official text of the contract, which creates serious difficulties in proving the real relationship in the event of a dispute.
The practical conclusion is that documents are not “read”, but analyzed. It is checked not only what is written, but also whether what is written is legally possible, whether it is supported by a valid reason and whether it can stand up in dispute. This is where the difference between a formal check, as a broker or agency would do and real legal protection from a good real estate lawyer, comes into play.
What is the risk in dealing with adults or vulnerable persons who are not formally placed under prohibition?
The risk is serious, because even if a person is not formally placed under a ban, the transaction can be annulled (that is, spoiled by any of the parties having a legal interest, in court) if it is subsequently proved that at the time of signing he could not understand or direct his actions. The law expressly provides that the contract is nullifiable when it is concluded by an able-bodied person who, at the time of its conclusion, could not understand or direct his actions, according to art. 31, para. 1 ZD.
In practice, this often affects transactions with older people - for example, an elderly property owner who is not placed under a ban and formally appears fit, but suffers from dementia, cognitive impairment or serious illness. Even if the notarial deed is signed regularly and the transaction is registered, heirs or relatives can subsequently sue for the destruction of the transaction, proving by medical documents and expert examinations that the person was not able to understand the meaning of his actions at the time of the transaction.
That is why in BSLC's practice we approach extremely carefully when dealing with elderly or vulnerable sellers — we recommend additional guarantees, clear communication, sometimes medical documents or the involvement of loved ones. This risk is often underestimated, and the consequences can be severe — years of litigation and uncertainty for the buyer, even though the transaction has formally been “notarized.”
What does the notary check and why is this not equivalent to complete legal certainty?
The notary has legally defined functions and duties that are associated with certifying the will of the parties, their identity and the formal regularity of the submitted documents. He checks whether the deed is subject to notarization, whether the required documents have been submitted and whether the parties legitimize themselves as owners under the submitted deeds, which is in accordance with the regime of notarial proceedings and registrations.
However, this does not mean that the notary conducts a thorough check in the interests of the buyer. The notary is not responsible for the economic risk of the transaction, nor for whether there are hidden vices, future claims or risks of challenge in the property's past. Its role is neutral and formal, while protecting the buyer's interest requires an active and critical legal assessment of all circumstances.
It is because of this that in practice it often comes to situations when the transaction “went to a notary”, but subsequently it turns out that the buyer acquired a problem property. This is not an exception, but a legal result of the mixing of two different roles — the certifying function of the notary and the protective function of the lawyer.
Preliminary contracts and payments — when does the real risk begin?
Once ownership and documents seem to be clarified, many buyers feel that “the hardest thing is past.” In reality, it is precisely the stage of the preliminary contract and payments that is the moment when the risk increases sharply, because real financial commitments are made without a transfer of ownership yet taking place. In practice, most often serious property frauds and heavy losses occur precisely here — between “we agreed” and “we will go to a notary”.
In the practice of BSLC, we often intervene after a signed preliminary contract, when there is already a real risk for the client. A buyer approached us after signing a preliminary contract with a person posing as the sole owner. Our inspection found co-ownership between several heirs who were not informed of the sale. Instead of the client losing his trap or entering a legal dispute, we organized contact with all co-owners, prepared the necessary documents and coordinated a voluntary settlement of the relationship. The deal was finalized successfully and the buyer acquired the entire property without legal “surprises”.
What are the most common scams and scams in a preliminary contract of sale?
The preliminary contract, by its legal nature, creates an obligation for the parties to conclude a final contract, but in itself does not transfer ownership. This is often used by unscrupulous sellers who deliberately withhold the transaction at this stage, collect a caparo or significant advance payments, and subsequently refuse to get to a notarial deed or sell the property to a third party.
A typical catch is the inclusion of unclear or unenforceable conditions — lack of a specific deadline for confession, vaguely described subject matter of the transaction, formulations that allow unilateral extension or refusal without real sanctions. Another common problem is the signing of “reservation contracts” or annexes with unclear legal status, which in practice give the buyer almost no protection.
Particularly risky are preliminary contracts signed without a full verification of ownership or when selling “by proxy”, when it subsequently turns out that the seller could not fulfill the obligation assumed. In these cases, the buyer is left with a long and expensive lawsuit to return what was paid, instead of real property.
When does money transfer become an irreversible problem instead of a step towards the transaction?
Payments before the notarial deed are the most sensitive moment of the whole procedure. Practice shows that the greatest losses occur when transferring significant amounts “on trust”, without a clear legal framework, guarantees and control over the conditions for the return of funds. Cash payments, receipts without a clear reason or bank transfers with general wording are a serious risk signal.
Often, buyers underestimate the fact that until a notarial deed is concluded, they do not have a right in rem, but only a binding claim against the seller. If the seller gets into trouble, refuses to perform or turns out to be in bad faith, the money must be sought back in a court order, without a guarantee of a quick or complete result.
Especially dangerous are situations where the payment is tied to future uncertain events - “after the documents are drawn up”, “after the inheritance is arranged” or “after the mortgage is taken out”. If these conditions are not realized, the buyer remains stuck between the money paid and the unfulfilled transaction. The practical principle is clear: the sooner money is paid, the stricter and more precise the contractual guarantees and protection mechanisms must be.
Participants in the transaction — who protects your interest?
In real estate transactions, a false sense of security is often created because “there is a notary”, “there is an agency” or “everyone does that”. However, in reality, each participant in the process has a different role, different obligations and different degrees of responsibility, and the most common mistake of buyers and sellers is to assume that someone else is automatically defending their interest. It is here that serious gaps appear, which are later difficult to fix.
Is the role of the notary enough to be protected from property fraud?
The notary is a key figure in a real estate transaction, but his role is often misinterpreted. He certifies the identity of the parties, their will and the formal regularity of the submitted documents, confessing the transaction in the form required by law. This creates a feeling of “full verification”, but in reality the notary is not a lawyer for the buyer or seller and does not protect anyone's private interest.
The notary is not obliged and does not carry out a thorough analysis of the economic risk, of the history of the property beyond the acts presented, nor of whether there are future prerequisites for challenging. He works with the documents that the parties provide him and, in formal fairness, confesses the transaction. That is why in practice there are numerous cases in which the transaction is completely valid from a notarial point of view, but the buyer finds himself involved in a legal dispute over ownership, co-ownership or hidden rights of third parties.
The practical conclusion is that the notarial deed is not a guarantee of the absence of risk, but a guarantee of form. Protection of interest begins before the notary and requires an independent legal assessment, and not reliance on the certifying function of the state body.
What are the risks of buying a property through an agency or broker?
Real estate agencies play an important role as intermediaries, but their main interest is the successful completion of the transaction, and not the legal certainty of the parties. In practice, a situation is often encountered when the agency assures the buyer that “everything has been checked”, but it is not clear what exactly was checked and in whose interest.
A serious risk arises in the so-called double representation, when the same agency works simultaneously with the buyer and the seller. In such a situation, the conflict of interest is obvious — the goal is to make the deal happen quickly, not to put awkward ownership issues, burdens or problematic clauses in contracts. The buyer often signs preliminary contracts prepared according to a template, without a real possibility of negotiation or adjustment in his favor.
An additional risk is unclear or aggressive practices in terms of commissions, penalties and commitments of the parties that bind the buyer without giving him real protection. The lack of an independent lawyer in these situations means that no one analyzes the transaction entirely from the buyer's point of view, and this often leads to costly mistakes.
The conclusion from this group of risks is simple, but often overlooked — neither the notary, nor the agency nor the brokers presumptively protect your interest. They have a role to play, but it is not a substitute for independent legal protection, which can only identify and manage risks before they become irreversible.
Costs, taxes and post-transaction actions — what is often missed?
Even when the transaction has successfully passed through a notary and the parties are satisfied with the agreed price, the legal and financial risks do not always end with the signing of the notarial deed. It is at this stage that “silent mistakes” are most often made, which are not immediately felt, but lead to penalties, additional costs or problems months later. The reason is that many buyers and sellers are not aware of who owes what, in what time frame and to which institutions.
Who actually pays the fees, taxes and expenses when buying and selling a property?
The legislation does not contain a general rule that all costs are borne by the buyer or by the seller, which is why in practice the principle of freedom of contract applies — the parties can agree on the distribution of costs among themselves. However, in the absence of an express agreement, disputes and misunderstandings arise, especially when one party expects the other to assume certain fees.
The local tax in the case of acquisition of property for consideration is due according to Art. 44, para. 1 of the Local Taxes and Fees Act, and its amount is determined by an ordinance of the relevant municipal council within the limits established by law. In practice, this tax is usually paid by the buyer, but this is not an automatic rule and can be agreed otherwise. Notary fees are determined by the Tariff on Notary Fees to the Law on Notaries and Notarial Activities and are directly related to the material interest in the transaction, which often surprises the parties with a higher amount than expected.
The fee for registration of the notarial deed in the Land Register is due according to Art. 2 of the Tariff for state fees collected by the Registry Agency and is in the amount of a percentage of the value of the transaction. If the parties are not aware of all these costs in advance and have not included them in the general financial framework, it often leads to last-minute tensions or the need for urgent surcharges.
What needs to be done after the sale of property so that future problems and penalties do not arise?
The sale of a property does not end with the receipt of the sale price. The seller has a number of obligations after the transaction, which are often missed, especially when the person does not sell properties on a regular basis. First of all, the obligation to declare the income from the sale, where available, should be considered. The personal income tax on the sale of real estate is regulated in Art. 33 of the Personal Income Taxes Act, and taxable income arises upon sale within certain periods of the acquisition, unless there is a statutory exemption.
Separately, the seller should submit a declaration under Art. 14 ZMDT for a change in circumstances before the respective municipality in order to be written off as owner and not to continue to owe real estate tax and municipal waste tax. In practice, there are often cases when, years after the sale, the person receives acts establishing obligations, because he did not submit the declaration on time.
The issue of payments and proof of the price received should not be underestimated either. In the case of NRA checks, the lack of clear bank transfers, a correct basis and the correspondence between the agreed amount and the actual amount received can lead to additional tax charges and penalties.
The tips of real estate lawyers from BSLC for a successful transaction in 15 steps
In the practice of BSLC we are convinced of one thing — a successful real estate transaction does not begin with the notarial deed and does not end with the transfer of money. It is a process in which any hasty step or missed detail can lead to serious consequences. Therefore, below we share 15 practical steps, derived from real case studies, that help the deal to be not just “done”, but legally stable and defensible. 🧭
What are the most important steps from the buyer's point of view?
Start by checking the property's ownership and history, and don't let the attractive price cloud your judgment
Clarify if there is co-ownership, heirs or rights of third parties, including with an international element
Check all lot entries — mortgages, foreclosures, claims, easements
Make sure that the documents correspond to the cadastral map and the real condition of the property and that there is no problem with property boundaries
Do not sign a preliminary contract or especially, a “stop caparo” contract, as brokers fashionably call it, without legal analysis and adjustments in defense of your interest.
Important! ⚠️ The “stop caparo” contract (that is, for the payment of caparo against an obligation on the part of the broker not to offer the property anymore), the contract for “exclusive rights” and other contracts with which real estate agencies and brokers in Bulgaria, try to lure you or put psychological pressure on you, that is “the deal of your life and you need to hurry”, usually DO NOT GIVE RISE TO OBLIGATIONS ON THE SELLER TO SELL YOU THE PROPERTY. The only tool that gives you some degree of protection is the preliminary contract, but even it does not transfer the right of ownership and the seller can always sell the property to a third party!
Here the basic principle is simple — as long as there is no notarial deed, the buyer has no property right, and any payment must be carefully structured and secured beforehand. ⚠️
What is key from the seller's point of view?
- Prepare all documents in advance, and not “by the way” in the course of the transaction
- Arrange hereditary and co-ownership relationships even before looking for a buyer
- Analyze the tax consequences of the sale and the liabilities after it
- Clearly plan the way and time of payment to avoid tensions and delays
- Coordinate actions between lawyer, notary, bank and possible creditor in time
In our practice, deals most often fail not because of a lack of a buyer, but because of an unprepared seller who underestimates formalities.
What additional steps are decisive with foreigners, brokers and agencies?
- Check Foreign Buyer Status — Citizenship, Acquisition Restrictions, Company Need
- Structure payments in transactions with an international element — foreign accounts, lawyer account, currency and terms
- Clearly specify the role of the broker or agency and the commission terms
- Avoid double representation without clarity who is defending your interest
- Provide active lawyer coordination of the entire process, not intervention “after there is already a problem”
This is where property fraud and serious disputes most often arise — when the parties rely on intermediaries, but do not have real legal protection.
🎯 Our final tip from BSLC
A real estate deal is not a test of luck, but of discipline. When property, documents, payments and participants are managed systematically and on time, the risk does not disappear, but becomes predictable and controllable. This is the difference between a “trust” transaction and a transaction with a sound legal basis.
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