Malta Property Legal Due Diligence

Chetcuti Cauchi

 

Research is an important part of any potential investment, and due diligence is an imperative part of any investment process, in order to ensure peace of mind and reduce risk. Having signed the Promise of Sale Agreement, a fundamental process that needs to be carried out is that relating to legal due diligence.

Notarial searches in relation to Malta Property

Together with the notary public, our lawyers will be able to vet the legal entitlement of the owner in relation to the property, ensuring that he passes on a good title to the prospective purchaser. This is done through searches that are conducted in the relevant government public registries in Malta. These searches enable a determination as to whether the title is good or defective, given that it leads to the identification of any encumbrances such as special hypothecs, cautions other charges that might be burdening the property. The process also determines whether the property being sold is freehold or else is subject to any groundrents or other titles of use in favour of third parties.

Advice on rectifying defects in title

In most cases where any of the above potential defects is encountered, it will be possible for the vendor to rectify these in good time in order for the final deed of sale to be signed and executed. Chetcuti Cauchi will provide its advice and expertise in order to rectify the relevant defects and to ensure that the deal goes through.



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