Houses can sell without us, say notaries, but not afferent land

First of all, notaries draw the attention that the conclusion of a sale-purchase agreement in a non-authenticated form, as there are the documents under private signature (the so-called hand receipts), followed by an eventual legal court's decision, through which the judge orders the registration of the buyer's property right, fails to lead to the payment of smaller taxes, as believed.

'This is a trap, both for the seller and the buyer', say notaries, remarking that the Fiscal Code stipulates that a 2 percent or 3 percent tax applied to the real estate transaction can be perceived 'both from the sellers, who accept to transfer the ownership right through other documents than the notary ones', in the said case through a judge's decision.

Moreover, the stamp tax for such a request, addressed to the tribunal, represents 10 percent of the real estate property value, to which the lawyer's fee and VAT are added.

Finally, maybe the legal court fails to check up the legal situation of the building, and the land registry brief can be required by the notary alone, Ziarul financiar reads.

Lately, the press published a series of information, according to which the ownership right upon a building (house and/or land) can be entered into the land registry only based on a judge's decision and a sale-purchase agreement concluded under private signature.