Adásvételi Szerződés
Az adásvételi szerződés (sale and purchase agreement) is the binding contract used in Hungarian real estate transactions to transfer ownership of a property from seller to buyer.
The adásvételi szerződés is the cornerstone of any Hungarian property transaction. Hungarian law requires this contract to be countersigned by a licensed Hungarian lawyer (ügyvéd) in order to be valid for land registry submission. Without the lawyer's countersignature, the deed cannot be registered.
The contract must contain the full identification of both parties, a precise description of the property including its land registry number (helyrajzi szám), the agreed purchase price, the payment schedule, and any conditions precedent such as mortgage approval. The parties typically sign in the lawyer's office.
Key Facts
| Aspect | Detail |
|---|---|
| Legal Requirement | Must be countersigned by a Hungarian ügyvéd |
| Land Registry | Submitted to Földhivatal for ownership registration |
| Stamp Duty | 4% vagyonszerzési illeték on purchase price |
| Registration Time | Approx. 30–60 days after submission |
| Advance Payment | Typically 10% foglaló (earnest money) at signing |
A key feature of Hungarian property law is the foglaló — a down payment that functions as earnest money. If the buyer withdraws, the foglaló is forfeited. If the seller withdraws, they must repay double the foglaló to the buyer. This symmetrical penalty discourages either party from backing out.
The lawyer's role goes beyond drafting: they verify the land registry extract (tulajdoni lap), check for encumbrances, draft the contract, countersign it, and submit it to the Földhivatal. Buyers should always instruct their own independent lawyer rather than relying on the seller's counsel.
International buyers in Hungary should budget an additional 4–6% on top of the purchase price for stamp duty (illeték), legal fees, and registration costs.
Frequently Asked Questions
Is a Hungarian property purchase contract valid without a lawyer's signature?
No. Under Hungarian law, an adásvételi szerződés for real property must be countersigned by a licensed Hungarian ügyvéd (lawyer) to be accepted by the Földhivatal for land registration. An unwitnessed contract has no legal effect for registration purposes.
What is foglaló in Hungary?
Foglaló is an earnest money payment, typically 10% of the purchase price, paid at contract signing. If the buyer withdraws, they forfeit the foglaló. If the seller withdraws, they owe the buyer double the foglaló as compensation.
How long does Hungarian land registry registration take?
Standard registration in the Földhivatal takes approximately 30 to 60 days after submission of the adásvételi szerződés and supporting documents. Expedited registration is available for an additional fee.
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