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Post by sandybear124 on Jan 2, 2012 12:23:49 GMT 1
Hi there
Having sold an apartment in October, via a Company, I received a request from the buyers Solicitor to go to the Croatian Embassy in England to sign a statutory declaration form confirming we had received the money for the property. This would then enable him to register the property in the buyers name. Our accountant said this was not necessary as the property was bought from a Company and they could have a receipt with the Company stamp. The buyer has again been in contact saying that without this declaration being signed and lodged at the Croatian Consulate or Embassy the solicitor is unable to proceed to a full transfer of the apartment into the buyers name, including utilities, etc. Does anyone have any knowledge of this?
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Post by Carol on Jan 2, 2012 14:05:07 GMT 1
there will be an innocuous looking clause in your contract that requires confirmation from the seller (you) that the monies have been received. It will have been put there for your protection to ensure that the buyer actually pays up before registering the property in his name.
However, I tend to agree with your accountant that a stamped receipt which she can issue will suffice.
Get the accountant to post it to the lawyer and tell him to try the land registry with it. If it doesn't suffice, then it will need the other kind of statement the lawyer is talking about, but that still doesn't mean you have to travel to the Cro embassy to do it. You can grant someone in Croatia a POA to do things relating to the sale for you (you may have already done this?) or just get the statement drafted and translated and then get it apostilled by post.
(This is the sort of guidance and advice you would have got from an estate agent)
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Post by sandybear124 on Jan 2, 2012 16:12:16 GMT 1
Yes, there is a clause in the contract which says we will confirm payment of the purchase price so the buyer can register the property in the land registry and other public registers without further question, consent, participation, permit, certificate or approval. There is nothing saying it has to be a statutory declaration resistered at the Cro Embassy.
We are reluctant to sign anything off our own back as the accountant is insistant that as it is a Company sale it has to be done on behalf of the Company and the Company stamp is what is required.
We did have a lawyer look over the contract and have a translated copy and all seems to be in order.
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Post by Carol on Jan 3, 2012 12:49:14 GMT 1
I'm not sure I follow you. Its your company, isn't it? And you are the directors?? I that case the authority and decision to sign rests with you.
the lawyer just wants it to be a valid document which is why he is proposing the route he is. I agree with your accountant that the method she proposes is equally valid, so my advice is try that one.
The final say will not be yours, the accountant or the lawyer's: It will be the administrator at the land registry who processes the paperwork. So get the accountant to post the receipt to the lawyer and then he can take it to the counter at the land registry where he will be advised whether the paperwork is satisfactory or not.
Easy!
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