Real Estate Transaction Support

To avoid issues such as third-party claims, disputes or developer fraud shortly after purchasing a property, it’s essential to consult a real estate lawyer. In Odesa, you can visit the DE-JURE office in person. If you are a foreigner, our team is available by phone, online, or via messengers.

Why Do You Need a Real Estate Lawyer?

Although the process of buying real estate may seem simple at first glance, legal pitfalls can ultimately result in the loss of the purchased property, whether you are buying on the primary market (from a developer) or on the secondary market (the purchase of an apartment that has already been commissioned and previously owned). Consulting a real estate lawyer helps you avoid these risks, as a lawyer will verify both the seller (or developer) and the property itself. A real estate lawyer assesses all potential risks for the buyer, in particular:

• the lack of construction permits or legal rights to use the land on which the construction is carried out. If the developer lacks the required permits, there may be delays in commissioning the building and in registering ownership rights;
• a complex and opaque alienation scheme that may result in difficulties with the transfer of ownership;
• a one-sided contract under which the developer may fail to commission the property within the agreed timeframe or even withdraw from the contract without liability;
• existing or potential third-party claims or property-related disputes;
• fraudulent schemes that could result in the client losing money without gaining property rights;
• outstanding utility arrears that the new owner will be responsible for settling.

The cost of a pre-purchase property inspection and legal support during a transaction is always lower than hiring a real estate lawyer to defend your rights in court.

Overview of the Real Estate Consultation Process

During a consultation with a real estate lawyer, the client explains their request: legal support during construction or purchase, or verification of a seller or developer. Each of these matters requires a step-by-step approach, and the lawyer outlines the procedure for the client and signs an agreement with them. A real estate consultation can also be conducted online, with documents exchanged via email or messengers.

Documents the Client Shall Provide for a Real Estate Transaction Consultation

The client shall provide the lawyer with the documents received from the seller or the developer. In the case of a transaction with a seller, these include the draft purchase and sale agreement and documents confirming ownership of the property. In the case of a transaction with a developer, these include the site plan, terms and conditions of sale, and other introductory information. If the lawyer requires further information to conduct due diligence on the developer, they shall be requested directly from the developer.

Expected Outcomes When Working with a Real Estate Lawyer

The outcome of legal assistance for a real estate purchase is the protection of the client’s rights and legal security throughout the transaction and during subsequent ownership of the property. When purchasing housing on the secondary market, the lawyer reviews all documents provided by the seller, assesses the potential for claims from third parties (such as previous owners or their family members), and investigates other possible issues related to the property, including liens, utility arrears, or restraints on alienation. When purchasing a newly constructed property, the lawyer assists in selecting a reliable developer who complies with Ukrainian legislation, building standards and regulations, and commissions the property within the established timeframe. The lawyer also participates in the execution of the purchase agreement for an apartment or commercial property, ensuring the client’s rights are fully protected.

Legal Assistance in Real Estate Sales

The law firm DE-JURE has been providing legal assistance services for real estate transactions for many years, assisting more than 700 clients in completing sales. Unlike real estate agents or notaries, who are also involved in property transactions, lawyers prioritize protecting the client’s rights and interests and ensuring the security of the transaction. When selling an apartment, the lawyer’s responsibilities include:

• verifying the buyer in the Unified Register of Debtors;
• providing advice on property ownership status and taxation of the transaction;
• reviewing the contract text and making amendments in accordance with the client’s interests.

The lawyer’s primary concern is not merely the execution of the contract, but ensuring that the transaction is free of risks to the client.

Legal Assistance in Real Estate Purchases

Legal assistance for real estate transactions is a comprehensive service provided by a lawyer, aimed at protecting the interests of the parties during the execution of the transaction and after its completion. The range of services offered begins with a legal analysis of the property and ends with the signing of the purchase and sale agreement and the registration of the property’s ownership. At the law firm DE-JURE, legal assistance for a real estate purchase typically takes three business days and includes:

• legal due diligence of the property;
• seller due diligence;
• developer due diligence (including checking that all documents are properly executed and that the alienation scheme complies with applicable legislation);
• review of the draft contract with the possibility of making amendments;
• negotiation of contract terms with the seller or buyer;
• lawyer’s presence for the signing of the contract with a notary.

The final stage can be arranged directly at DE-JURE’s office, as one of our specialists is a qualified notary.

Why Is a Lawyer’s Presence Necessary During a Notarized Transaction?

When a lawyer is present during the transaction, they can verify that the contract complies with the terms agreed by the buyer and seller. If any additional questions arise, the lawyer can provide immediate guidance and help resolve any issues. This ensures that the buyer’s interests and rights are fully protected.

How Much Does a Real Estate Consultation Cost?

The cost of legal assistance varies depending on whether the apartment is being purchased on the primary or secondary market. For the purchase of a newly constructed apartment, the lawyer’s work consists of the following stages:

1.     Due diligence of the developer, affiliated companies, and the property itself – UAH 3,500 (two business days).
2.     Analysis of the sales scheme and contract terms – UAH 3,500 (two business days).
3.     Lawyer’s presence for contract signing – UAH 4,000 (two hours).

Comprehensive legal assistance covering all of these stages costs UAH 10,000 for three business days. In certain cases, this timeframe can be shortened.

For the purchase of an apartment from a seller on the secondary market, the lawyer’s work consists of the following stages:

1.     Property review and verification of the seller – UAH 3,000 (two business days).
2.     Analysis of the sales scheme and contract terms – UAH 3,000 (two business days).
3.     Lawyer’s presence for contract signing – UAH 4,000 (two hours).

Comprehensive legal assistance covering all of these stages costs UAH 9,000 for three business days. The exact price can be confirmed during a consultation with a real estate lawyer (online or in person). Prices are current as of the date of publication.

What Is Included in the Cost of Real Estate Transaction Support?

 The client can order either a comprehensive service for a real estate transaction or its separate components. Below is a more detailed overview of the stages previously outlined.

Due diligence of the developer and the property includes:

• verification of the developer’s history and other companies involved in the construction;
• analysis of the developer’s and companies’ documents (registration papers, permits, land ownership documents, and other construction-related documentation);
• review of registries for liens, mortgages, and ongoing court or enforcement proceedings related to the developer, other companies, and the construction project.

Analysis of the sales scheme and developer’s contract in a new construction includes:

• legal review of the purchase scheme to ensure it complies with Ukrainian law and protects the buyer’s interests;
• examination of contracts between the buyer and the developer;
• if necessary, negotiation of contract amendments with the developer and incorporation of changes.

Legal assistance for a real estate transaction on the secondary market follows a similar pattern. It concludes with the lawyer attending the contract signing with a notary, thereby formalizing the buyer’s ownership of the property.