The primary thing a purchaser needs to do while entering in the purchase of overseas property is to ask for the entire legal documents regarding the development, through your independent lawyer. It is usually called “due diligence”. Title Deeds, building permit, and planning permission are necessary prior entering in the co-operation accord with the overseas entity.
Never take anything for granted! There are diverse actions in each country with a diverse law system. Your independent lawyer could check if there’s a lineup of bank guarantees accessible to purchaser, in countries such as Portugal or Spain.
Apparently, on several occasions, the UK agent doesn’t talk the foreign agent language nor he possess the knowledge for understanding of documents and so it’s desirable to take up an independent lawyer having sufficient knowledge regarding language and laws of country where your project is positioned.
One time the lawyer gets satisfied with provided documents by agent or the developer, it’s time to draft an agreement so as to fix the entire essential provisions for satisfying both parties. By our experience majorly the contracts get ruled by overseas law since the project is placed there. It would be very complex to sue foreign company via the UK courts. Conversely, if the foreign agent fails to honor the contract, there is a higher chance for the UK independent lawyer for getting compensation by foreign tribunals.
According to the UK independent lawyer, the co-operation agreement must possess certain basic conditions for protecting it from rude clauses. Firstly, it is essential to identify clearly the agreement objective. Property’s full details must be provided. For the entire parties involved contract’s clear details are necessary. The contract must have full names plus details of the people who would be signing on the behalf of companies. UK independent lawyer must stay aware of the overseas agents plus developers that aren’t represented by correct person on co-operation agreement.
The Developer must ensure about the possession of legal documentation with permits for selling and building of project unit. Simultaneously, it should honour the agreement conditions.