The role of the notary in Greece

In Greece, The notary plays a central role in the finalization of the real estate transaction, but his function differs somewhat from that of other European countries, such as France or Belgium, where the notary can supervise the entire buying process.

1. Main function of the notary

The notary in Greece is a public officer responsible for ensuring the legality of deeds of sale. It occurs mainly at the time of signing the deed of sale (or final contract). Here are his main responsibilities:

• Drafting the deed of sale: He ensures that the contract correctly reflects the terms agreed between the buyer and the seller.
• Verification of the identity and legal capacities of the parties: It verifies that both parties are legally capable of concluding the transaction.
• Authentication of the deed: The notary authenticates the deed of sale, making it a legally binding document.
• Deed Registration: It ensures that the sale is properly registered with the Land Registry Office.

2. Is the notary mandatory?

Yes, the presence of a notary is mandatory when signing the deed of sale in Greece. However, its role is limited to authenticating the contract and recording the transaction. It does not specifically protect the interests of the buyer or seller, contrary to certain practices in other European countries.

The role of the lawyer in Greece

Unlike some other countries, The lawyer is highly recommended, but not always mandatory in a real estate transaction in Greece, although it depends on the value of the property.

1. Why use a lawyer in Greece?

The lawyer specifically represents the interests of the buyer or seller, ensuring that everything is in order before finalizing the purchase. Its tasks include:

• Title Deed Verification: This is one of the most crucial steps in Greece. The lawyer must verify that the seller is the legitimate owner of the property and that there are no disputes, third-party rights or ongoing mortgages. The land registry or Greek cadastre can sometimes be complex to consult, which makes this step essential.
• Building permit review: The lawyer verifies that the property complies with all urban planning rules and has the necessary permits.
• Legal Compliance: It ensures that all legal requirements are met for the transaction to be valid.
• Drafting and Reviewing Contracts: Reviews preliminary and final contracts to ensure that they are in line with the buyer’s interests.
• Negotiation and legal advice: In addition to supervising the transaction, the lawyer can also advise on tax or patrimonial issues, and represent his client in the event of a dispute or problem.

2. Is it mandatory to hire a lawyer?

Although it is no longer legally mandatory to hire a lawyer for properties worth less than €250,000 in most parts of Greece, it is highly recommended to do so, regardless of the amount of the transaction. The subtleties of real estate law in Greece, as well as the complexity of the administrative documents, make the lawyer a valuable ally to avoid any unpleasant surprises.

Notary or lawyer: who to choose to secure the purchase?

1. Notary: a mandatory but limited step

The notary is mandatory to finalize and register a real estate transaction in Greece. However, his role remains very formal: he ensures that the legal aspects of the sale are respected and that the sales contract is duly signed and authenticated. It does not specifically protect your interests, whether you are a buyer or a seller. This is why the use of the notary alone is not enough to completely secure the purchase of a property in Greece.

2. Lawyer: an indispensable advisor

The lawyer is a real protector of your interests. It is particularly recommended, if not essential, if you are not familiar with Greek law or if you are a foreign buyer. Their expertise allows you to avoid possible pitfalls and ensure that the transaction goes smoothly. For example, it will help you to:

• Avoid the purchase of a property that is encumbered with debt or in dispute.
• Check that the documents are in order (title deeds, building permits, etc.).
• Protect you against post-purchase complications (land disputes, hidden defects).

Conclusion: Lawyer and notary, a complementary team

In summary, the notary is a key player in the legal registration of the transaction, but his role is strictly formal. The lawyer, on the other hand, is the guarantor of the protection of your interests throughout the real estate purchase procedure.

If you are thinking of buying a property in Greece, it is therefore highly recommended that you use a lawyer who specializes in Greek real estate law in the early stages of the process. This will allow you to ensure a trouble-free transaction and focus on the pleasure of becoming a homeowner in one of the most beautiful countries in Europe.