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Help need advice on buying property in Poland and dealing with the seller

16 Oct 2017 /  #1
Hi Folks
Got interested in an apartment. asked the seller all the usual questions. One been if the seller can move out immediately if we purchase.
The response was yes yes yes. Then a few days later we get a message there is a problem with identification and needs to be renewed. Then a few weeks later we get a message the seller now needs a deposit so they can secure their new place (we really just want to sign and be done) and now the seller is demanding we sign and pay all the money cash but wishes to continue living in the apartment for another few weeks.(refusing a bank transfer)

Should I be concerned the seller did not reveal all these demand and financial position they are in at the start and withdraw. After all I wanted a quick sale not wait months. Alarm bells here. Help please
OP JamesBrowners  
16 Oct 2017 /  #2
there is also no deed
16 Oct 2017 /  #3
You most definitely should not hand over any cash nor should you allow the vendor to remain in the property after the sale completes. Tough luck for him if he doesn't have the deposit for his new place.

There are no property deeds in Poland. The ownership of the property is recorded in a central registry and when you buy a property your name is recorded in the register and you get a copy of that entry. The guy who is selling you the apartment should have that. That's his proof of ownership. However he could have a fraudulent document or indeed he could have a genuine document but a fake ID.

The sale documents should be drawn up by a notary and witnessed by him/her. The notary doesn't do any checking to see whether documents or ids are fake or genuine though. It is possible to sign an initial contract and pay a deposit, wth the final papers signed a few days later and the balance paid then.

Forget about this one though, definitely sounds dodgy.
16 Oct 2017 /  #4
Listen to those alarm bells and run. This stinks.
OP JamesBrowners  
16 Oct 2017 /  #5
Already paid a small deposit. But the seller keeps dropping the bomb and now lost total trust. I think I have been very clear on what I wanted from the start but the seller seems to ignore this and push the transaction their own way, when I count it all up is not the kind of deal I was interested in. This should have been disclosed in the very beginning as to not be put in a position like this. So i guess I loose the deposit. But what other surprises await. No thanks
OP JamesBrowners  
16 Oct 2017 /  #6
I do sympathize with the seller but it just been one bomb too many on the transaction so far and the goal post been moved all the time. Sometimes it feels like we are been cohurst into a position and this to me feels like dishonesty from the start. so the trust is broken.
OP JamesBrowners  
16 Oct 2017 /  #7
is it possible to get a new identification to hide any debt or is it a way to get the debt collector off you or hiding the sale from anyone who has a stake in the property like family members from inheritance? Just wondering?
OP JamesBrowners  
16 Oct 2017 /  #8
Anyway folks, thanks for the Advice, def going to listen to those alarm bells. Sod the deposit, just not worth sitting with a lemon
16 Oct 2017 /  #9
Was there a contract for your deposit ? You can also use a notary for the deposit but it sounds like that did not happen in this case?
16 Oct 2017 /  #10
If you are worried about any debt, you need to get the KW number of the flat from the owner. With this you can go online and check if there is any debt in realtime. Your precontract will have included certain wording which stipulates whether the deposit is refundable of not. Zaliczka is a form of deposit that must be returned, while a zadatek does not demand legally a return of funds. As for letting the owner live after the sale, that's not that unsurprising. Often people need time to find somewhere else and secure a loan or whatever and you can write this into the precontract and final contract. Not long ago I purchased a house and agreed similar terms. It all needs to be on paper via a notary. although you can skip the notary at the precontract stage if you know what you are doing and can write the precontract yourself. As for payments, they can be made via the notary, so everyone is then secure.
OP JamesBrowners  
16 Oct 2017 /  #11
no notary, just some paper between us for a deposit as its another charge the seller did not want to take. Stating if seller pulls out to pay double and if we pull out we loose the deposit.
16 Oct 2017 /  #12
Sounds as a zadatek then. Is it 10% of the property value?
OP JamesBrowners  
16 Oct 2017 /  #13
Nope, we felt it as not nessacery as like we said we wanted to buy not wait and jump hoops, so we offered 1500 only
OP JamesBrowners  
16 Oct 2017 /  #14
been burnt before on property, should have walked way at deposit. Its not want we wanted and now the new saga of wanting to stay longer. This all could have been disclosed and they chose to keep it hidden.
OP JamesBrowners  
16 Oct 2017 /  #15
debt is a worrying thing thanks for the tip. Clearly, the seller did not disclose they cannot move out without a financial contribution from us, what if was revealed at the start would change my view of purchasing.
OP JamesBrowners  
16 Oct 2017 /  #16
There is no KW registry for the flat btw Its never been registered (Block) just the association who confirms the owner

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