Buying Property in Albania
Initial agreement between the buyer and seller - Preliminary contract
1 - What form can this agreement take? Preliminary contract?
There is a contract of promise as preliminary contract or a contract of order
2 - With whom must the parties (buyer/seller) formalise the initial agreement? Is a legal form imposed?
Yes there is a legal form to be signed in front of a notary
3 - What are the legal effects of this preliminary contract? Is a preliminary contract necessary?
It depends by contracting party to sign or not a contract of promise or order
4 - Are there amounts to be paid, and to whom? Can these amounts be repaid?
Yes there are . Amounts can not be repaid
5 - Are there any consumer protection measures (cooling-off period, right of withdrawal)?
Yes there are
6 - How can I obtain financing? Directly from the banks? Through brokers?
It can be only from the banks
7 - What form does the financing agreement take?
Contract of credit
8 - What do I need to do once I have obtained financing? Who draws up the loan agreement? To whom will the loan be paid?
Bank is drawing the loan contract and the loan is payed to the bank
9 - What are the usual types of guarantee requested to finance a residential real estate purchase?
The same real estate to be bought or another real estate property
10 - How do I constitute a mortgage/other type of security?
Only real estate property
11 - What are the consequences of this mortgage for me?
If the loan is not liquidated the real estate put as guarantee is sold by a bailiff office
12 - What types of information/documents are required for a real estate sale? Concerning the parties? Concerning the property sold?
Documents to be presented by the parties are ID cards and family certificates , as concern the property it is obliged a fresh title of property
13 - Who collects the information/documents?
Parties or notary
14 - How long does it take to obtain this information?
Around 10 days
Signature of the contract
Signature of the act
1 - Is there a compulsory form for the sale agreement (e.g. notarised)?
Yes there is a formal contract
2 - If several forms are possible, are some more secure or more risky than others?
There are not several forms
3 - What is involved in the signature of the act?
Presence of parties and contract drawn by the notary
4 - What are the resulting rights and obligations?
Rights and obligations of the parties are included in the contract of sale
Performance of the contract
Implementation of a certain number of public rights applicable to the sale
1 - What rights must generally be implemented for a real estate sale? Right of first refusal? Preferential right? Compulsory administrative document or authorisation? Etc.
There are compulsory administrative documents that the notary advises the party to collect in administrative authorities
Who fulfils the formalities for the implementation of these rights?
There is notary
2 - How and at what point does the buyer become the owner of the property?
The buyer becomes owner of property when in consequence of a signed contract and payment arrives the title of property in his favour
3 - At what point is the payment made? By the buyer? To the seller?
Payment is made in the escrow account of the notary
4 - How must I make the payment?
Payment is made in the bank
5 - How can I guarantee that the mortgages taken on the property against the seller will disappear?
If it is there is a fraude
6 - What taxes are usually payable on a real estate sale? Are the rates available on an official website?
There is a tax of 15% of the amount of the difference of the price that the property was bought and the price sold
Yes there are rates in an official website
7 - How and by whom are the taxes calculated?
Taxes are calculated by a sector in the local office of registration of immovable property
8 -When and where is the tax payment due?
The tax is payed in the office of registration of immovable property while presenting the contract in this office
9 - At what point can the new owner take possession of the property (handing over of keys) ?
The new owner can take the possession of the property usually after signing the contract and making the payment
10 - What is the procedure for publication of the sale agreement?
There is no publication of sale agreement