Below you can find a short introduction to the main legal matters to take into consideration when buying a property in Greece. This is not meant to be a complete guide and we highly recommend seeking independent advice from a Greek lawyer before you buy or sign any binding documents.
Who Can Buy Property in Greece?
Currently there are not any property ownership restrictions for EU nationals wanting to purchase property in Greece. However, if you are wishing to purchase in a border area, a permit must be acquired from local authorities, but this is usually validated automatically.
As for non-EU nationals (with the exception of those of Greek descent), there are some places in Greece that they are restricted from buying property in for security measures. Most times a waiver can be procured, but the process is expensive, quite long and usually involves forming a Greek company.
Private Contract
Once you have found the property that you want to purchase, you will need to have a preliminary contract drawn up. When you sign this contract it is typical that you will pay a deposit. If you are not buying the property off plan the normal price for the deposit is between 5 – 10%, with the balance thereafter paid at the signing of the final purchase contract. The preliminary contract sets out all the conditions of the sale like price, how it should be paid, the state of the property, date of sale, etc. Your lawyer should always create or, at least, see this contract before you pay the deposit. The amount paid needs to be clearly included in the private contract. If you are not able to be present when signing the private contract your lawyer can do this for you with a power of attorney.
There are some cases in which deposits can be refunded, or the contract can be cancelled by either party, however be aware of any conditions or costs that could ensue.
Also, note that foreigners buying property in Greece must acquire a Greek Tax File Number (AFM), which can be obtained in the local tax office following an application process. The AFM needs to be present for the signing of the final contract; if you want to apply for a mortgage, it is also necessary.
Signing the Title Deeds
Usually, about one to two months after signing the preliminary contract you will be ready to sign the final purchase contract (or close on your new property). This includes transferring the ownership and paying the balance of the purchase price, along with any other fees or taxes that may be unpaid.
Note! It is important that, before signing the final contract, you do one last check on the property to make sure it hasn't been damaged, vandalized, or changed from the condition that was agreed upon during the preliminary contract. It can be useful to have your lawyer or estate agent to go along. If something is not correct, then you should delay the signing of the contract. This usually is not a problem for the notary or lawyer to take care of, that way you have ample time to make an adjustment in the price or find a way to fix the problem.
Once you have everything settled, like the condition of the property, the funds necessary to fulfil the balance, the AFM is validated as well as the receipt of payment between the buyer and seller, you are ready to sign the final contract. This will happen in the notary's office, after the notary and/or lawyer clarifies that the conditions from the previous contract have been met.
Although it is considered best for all parties involved to be present when the contract is ready to be signed, it is not always necessary as you can appoint your lawyer Power of Attorney. This is normal among foreign buyers, but realize that if you have this done in your home country you must have the form notarized and officially stamped, then it must be officially translated into Greek. At the time of the signing the notary will read the final contract, thereafter both parties will need to sign declaring you have understand and agree with it's terms.
NOTE! If you don't speak or understand Greek, you should enlist the help of an interpreter.
The final step to having your own property in Greece is to get it registered. The original copy of the final purchase contract is kept in the land registry with the new owner's name. It is important to send this document right away to the registry, as it may take some time for the actual registration .But once the contract has been registered, you are the legal owner of the property.
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