The fee for the one-time retrieval of the title deed is HUF 3,600, which is necessary so that the buyer and the lawyer editing the documents can make sure that the seller is really entitled to sell the property.
The administrative service fee is HUF 6,600, which is practically the fee for the land registry procedure.
Within a few weeks after the purchase of the property, the duty fee to be paid by the buyer is determined, taking into account the value of the property.
For the complete conclusion of the contract, for the drafting of documents, and for representation in the proceedings before the competent land registry office and the tax office, the document drafting lawyer is entitled to a lawyer’s fee, the amount of which is subject to agreement.
In many cases, a certain amount is transferred even before the conclusion of the sales contract, in order to ensure that the seller sells the property to the buyer, and not to an interested party promising a later or even higher purchase price. In this case, however, it is worthwhile to proceed with particular caution and put the transfer of such an amount in writing.
The deposit is returned to the buyer upon cancellation, however, the deposit has a sanctioning nature.
The party responsible for the failure of the real estate sales contract loses the deposit, or is obliged to pay back the deposit received twice. The amount of the deposit is usually 10% of the purchase price. The condition of the deposit is that the amount of money transferred in this way is classified as a deposit by the parties and the buyer hands it over to the seller.
It is also possible to purchase an encumbered property, but here it is extremely important to carefully investigate the encumbrances, before concluding the contract and paying the first installment of the purchase price. They usually buy real estate encumbered with mortgage rights, execution rights, or usufructuary rights, which may also include a prohibition on alienation and encumbrance. The latter means that the property cannot be sold without the written consent of the holder of the encumbrance.
In practice, sellers usually request an official certificate from the holder of the encumbrances before concluding the real estate sales contract. In such document it is recorded that upon payment of the amount, the beneficiary issues a statement agreeing to the cancellation of the encumbrances. This can be paid in such a way that the sellers relieve the property of encumbrance. It is also possible for the buyers to pay directly to the holder of the encumbrances the amount indicated in the certificate, which the seller recognizes as the purchase price installment and payment to his own hands.
The private individual seller may be liable to pay personal income tax in connection with a real estate sales contract if he sells the real estate within 5 years of the year of acquisition.
And the buyer may have an obligation to pay a duty fee if he cannot take advantage of a discount or apply for an exemption.
The spouse has the right of usufruct until death on the apartment shared with the testator.
According to the new Civil Code, the right of usufruct of the surviving spouse extends to the property jointly occupied by him/her and the testator and to the furniture and fixtures belonging to it. In the case of childless couples, in addition to ownership of the shared apartment and its furnishings, the widow receives half of the other assets of the estate, and the other half belongs to the parents of the deceased spouse.
Life partners are not legal heirs of each other, so they can only inherit one after the other if they make a will in favor of each other.
It is a typical misconception that life partners (without marriage) automatically become each other’s legal heirs after living together for a certain period of time or in the case of a common child. And many people mistakenly think that such life partnership is equivalent to marriage, so the same inheritance rules apply to life partners as to spouses.
If someone is validly denied (not excluded, that’s a different concept) from the inheritance, then he/she gets nothing (not even the obligatory share). At the same time, it is important to know that denial from inheritance has very precisely defined legal conditions, and it is not easy to prove them. This can be the case, for example, of an immoral lifestyle, or if the heir attacked the life of the testator.
Only the closest relatives – e.g. children, spouse – are entitled to the obligatory share.
It is important that exclusion from inheritance is not the same as denial. As long as the denied person will not benefit from the inheritance at all, the heir excluded from the inheritance may claim the obligatory share. In the same way, the legal heir who was left out of the will can count on the obligatory share.
If the heir inherits a debt, he/she will only be responsible for the debt to the extent of the inherited property. And if someone refuses the inheritance, he/she will not inherit anything, neither property nor debt.
The law strictly regulates the special cases of the possibility of making an oral will.
If only the family members testify to the testator’s oral promises, or if an audio recording is made, that alone is not sufficient for the inheritance, as a written will is required as a general rule.