04Nov

Find out how a lawyer specializing in real estate mediation can facilitate negotiations and protect your legal interests.

Lawyers may also act as real estate brokers pursuant to Section 64/C (5) of Act LXXVIII of 1993 (hereinafter: Housing Act) and Act LXXVIII of 2017 on the Activities of Lawyers (hereinafter: Lawyers Act).

For those interested in this topic, please read the interview with Dr. György Zalavári, attorney-at-law, on the ingatlan.com Knowledge Base.


In order to act as a real estate agent, lawyers do not need a special qualification, which is mandatory for other real estate agents, due to their legal qualifications and experience in real estate, but they must meet the other conditions set out in the Government Decree 499/2017 (XII. 29.) on the conditions for the commercial conduct of real estate agency activities and the detailed rules of registration, and they must also be registered by the real estate business supervisory authority.

They can also act as estate agents without the above-mentioned OKJ qualification. According to the legislation, this is a so-called additional activity which lawyers may perform in addition to their traditional duties as lawyers.


A lawyer wishing to practise as a real estate agent on a complementary basis must not only meet the statutory requirements for practising as a lawyer, but also the requirements laid down in the legislation governing the activity of real estate agent.


A specific requirement for lawyers is that they may only act as a classic lawyer and as a real estate agent for the same client in the same transaction at the same time if the client gives his express written consent. In such cases, the drafting and countersigning of the sale and purchase contract may be carried out by another member of the law firm instead of the lawyer acting as real estate agent.

If you want to sell a property, you should contact a lawyer who is also a real estate agent and who is entitled to act as an intermediary for you in the sale of your property, in addition to his or her traditional role as a lawyer.


The author of the article is Dr György Zalavári, lawyer and managing partner of Ecovis Zalavári Legal Hungary.


14Jul

Hungary, with its rich history, vibrant culture, and strategic location in Central Europe, has become an increasingly attractive destination for real estate investors. Whether you are looking for a cozy apartment in Budapest, a picturesque countryside home, or a commercial property, the Hungarian real estate market offers diverse opportunities. This guide will walk you through the essential steps and considerations for purchasing real estate in Hungary.

Understanding the Market 

Before diving into the buying process, it's crucial to understand the Hungarian real estate market. Budapest, the capital, is the most popular area for property investment due to its economic significance and cultural appeal. Other regions, such as the Balaton Lake area and cities like Debrecen and Szeged, also offer promising investment opportunities. 

Legal Regulations for Foreign Ownership 

Foreigners can purchase real estate in Hungary, but there are some restrictions. Non-EU citizens need to obtain a permit from the local government office, which usually takes a few weeks. EU citizens face fewer restrictions and can buy property under similar conditions as Hungarian citizens. You can also buy property via a Hungarian company. Purchasing arable land for a foreigner citizen is strictly limited in several cases and a complicated procedure is required. 

Property Ownership

Hungary recognizes various forms of property ownership, including exclusive, common ownership and condominiums as a mixed type. Exclusive ownership is the most common and provides the buyer with complete ownership of the property and the land it stands on. 

Finding a Property

Several online listings and property portals provide advertisements for real estates in Hungary. Websites like ingatlan.com, otpotthon.hu, realtorlawyers.hu and realestatehungary.hu are popular and provide extensive listings of residential and commercial properties. 

Legal Due Diligence, Technical Property Inspection

Before making an offer, it’s essential to inspect the property thoroughly. Ensure that the property has a clear title and is free from any encumbrances. This step typically involves checking the Land Registry and obtaining a certificate of ownership. It is crucial to engage a real estate lawyer who can check the legal background of the real property and ensure all legal aspects are covered, and represent you in the complete procedure. Make sure to choose an lawyer who is fluent in your in English. Also consider hiring a professional surveyor and architect to assess the property's condition and identify any potential issues. 

Financing the Purchase

Both Hungarian and international banks offer mortgages to foreign buyers. The terms and conditions vary, so it's advisable to compare different offers. Non-residents may face stricter lending criteria and higher interest rates. 

Currency Considerations

Since Hungary uses the Hungarian Forint (HUF), currency exchange rates can impact the purchase cost. It’s wise to monitor exchange rates and consider using a foreign exchange service to lock in favourable rates. 

The Buying Process Once you find a suitable property, you can make an offer. If the seller accepts, a preliminary agreement is signed, and a deposit (usually 10% of the purchase price) is paid when you signed at least a preliminary contract. 

Be careful with the realtors!

  Be aware of signing any documents offered by realtors, they are not entitled to formulate legal documents. Numerous legal cases generated by their false, incorrect or invalid documentation prepared without legal education and right to practice law. Also, realtors’ agreement are often very tricky in Hungary, they often use conditions advantages just for themself and the state attorney office challenges continuously such invalid, abusive realtor engagement agreements in the representation of the public. The big realtor networks are not exceptions, their franchise members are usual defendants in such litigations. 

Instead, contact your lawyer as a first step, they are legally educated and allowed to elaborate legal documents, and it is advised to check with them the realtor’s contract. 

Signing the Contract

The final purchase contract is drafted and countersigned by a lawyer. This contract outlines all terms of the sale, including the purchase price, payment schedule, and transfer date. 

Registration

After signing the contract, the property must be registered with the Land Registry with the assistance of a lawyer. This step officially transfers ownership to the buyer and typically takes a few weeks. 

Costs and Taxes

In addition to the property price, buyers should budget for additional costs, including: - Legal fees: 1-2% of the purchase price - Registration fees: Approximately HUF 6,600 (from the end of July 2024 it is HUF 10,600) - Real estate agent fees: 2-5% of the purchase price  

Duties, taxes

The basic transactional duty associated with real property purchase is 4% of the market value.  The tax authority may alter from the purchase price if it considers it less that the real market value. There may also be other local taxes and fees. 

Renovations and Maintenance If the property requires renovations, hiring local contractors and obtaining necessary permits will be essential. Regular maintenance is also crucial to preserve the property's value. 

Property Management

For investors who do not plan to reside in Hungary, hiring a property management company can be beneficial. These companies handle tenant issues, maintenance, and ensure the property is well-kept. 

Conclusion

Buying real estate in Hungary can be a rewarding investment, offering opportunities in a diverse and growing market. By understanding the local market, navigating the legal landscape, and conducting thorough due diligence, you can make a successful and informed purchase. Whether you're seeking a permanent residence, a vacation home, or an investment property, Hungary's real estate market has something to offer. 

If you plan to purchase a real estate in Hungary, contact Dr György Zalavári, lawyerand partner of Ecovis Zalavári Legal  Hungary. 

Dr. György Zalavári LL.M.
Ecovis Zalavári Legal Hungary
 Lawyer | Mediator | Corporate Law and Data Protection Specialist
gyorgy.zalavari@ecovis.hu

10Jul

Explore the requirements and application process for the new Visitor Investor Visa in Hungary, and learn how it can facilitate international investment.

The recently adopted Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals creates new opportunities for foreign nationals seeking to reside in Hungary while investing. The new legislation allows for residence in Hungary by means of a visiting investor visa and residence permit. A visitor investor visa entitles the holder to enter the country more than 90 days and more than once within 180 days, while a visitor investor residence permit entitles the holder to apply for a residence permit.

A number of conditions must be met before a visitor investor visa can be issued. The conditions are that a third-country national who:

-has a national economic interest in entering and staying in Hungary in view of his/her investment in Hungary,


-hold a valid travel document,

-holds the necessary permit for return or onward travel,

-provides proof of the purpose of his/her entry and stay,

-has sufficient means of subsistence to cover his/her subsistence and subsistence costs and the costs of departure for the entire duration of his/her stay,

-is insured for the full cost of health care or is able to cover the cost of health care,

-is not subject to expulsion or a ban on entry and residence, or if his/her entry or residence does not endanger public policy, public security, national security or public health interests in Hungary,

-is not subject to a Schengen Information System (SIS) alert,

-holds or intends to hold at least one of the appropriate investments,

-certifies that he/she holds an amount corresponding to at least one of the required investments, of lawful origin, which must be available or transferable within the territory of Hungary,

-submit a written commitment to make at least one of the required investments of a specified amount and type within three months of entering Hungary on the basis of a visitor investor visa.


For the purposes of the legislation, the following investments shall be considered to be of national economic interest:

-the acquisition of units of at least EUR 250 000 issued by a real estate fund registered by the Magyar Nemzeti Bank,

-ownership of a residential property with a value of at least EUR 500 000, situated in the geographical territory of Hungary and registered in the Land Register under its parcel number, free of legal title, encumbrances and claims, or

-a monetary donation of at least EUR 1 000 000 to a higher education institution maintained by a public trust with a public-service mission, for the purpose of supporting educational, scientific research or artistic creation.

At the time of acquisition of the real estate investment by a third-country national, a prohibition on alienation and encumbrance of the residential property shall be registered in the Land Register for a period of 5 years from the date of conclusion of the sale and purchase contract. For a period of 5 years, the property may be owned exclusively by the third-country national or jointly by the third-country national and a member of his/her family who holds the residence permit for the purpose of the host investor.

The maximum validity period of the visitor investor visa is 2 years.

The Visitor Investor Visa expires once the Visitor Investor Residence Permit has been issued.

Dr. György Zalavári summarises the conditions of the new residence permit for visiting investors in a separate article on a related topic.


Dr. György Zalavári LL.M.
Ecovis Zalavári Legal Hungary
Lawyer | Mediator | Corporate Law and Data Protection Specialist
gyorgy.zalavari@ecovis.hu

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