DID THE AMENDMENT COME WITH COMPLICATIONS?
If the co-owner wants to sell his share, he must find a buyer for his share, conclude a purchase contract with him and only then ask the co-owners whether they are interested in the purchase. Indeed, the law states that "the obligation to offer a thing to a pre-buyer to buy is achieved by concluding a contract with a motivated buyer".
The co-owner is able to think about the whole purchase for three months, and possibly pay the purchase price from his pre-emption right. In this case, however, the original contract with the candidate is canceled. Therefore, it’s of course easier for the seller to ask his co-owner whether he is interested in the purchase and if he refuses – seller can rely on his word.
IMPORTANT POINTS IN THE AMENDMENT
The amendment introduced the reintroduction of the right of pre-emption. Applies only to real estate.
When someone converts a co-ownership share to real estate, other co-owners have a pre-emption right. Except for the transfer to a close person.
It doesn’t matter whether it’s for a fee or for free. In the latter case, the co-owner must pay the usual price.
WHAT ELSE CAN POSSIBLY HAPPEN?
Co-owners are able to disagree on the operation of the pre-emption right. In such a case, each of them has the right to redeem the co-ownership share according to his or her part. Even a co-owner can give up his share. In which case is necessary to enroll it into the cadastre.
ADVANTAGEOUS OR DISADVANTAGEOUS?
The re-introduction of the pre-emption right is in practice the most advantageous for co-owners of houses. For example, your sibling will sell a house from parents without your knowledge. However, the pre-emptive right may cause slight confusion if a cellar or a garage state is attached to the flat, but it’s not tied to the flat by the contract. In this case, the apartment is sold the way a parking space or garage is determined by the share of the common areas of the house.
And how is it with the land? The share of land shares brings considerable complications. Here, as well, you must first agree with the your co-owners how you choose the procedure or whether to surrender your pre-emption right. And everywhere, the ratios and proportions of individual owners must be taken into account.
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