You have received a sale offer; do you want to buy it first or is the sale of a land disputed? We analyze the source of the right of preemption, the documents and the applicable procedure before the notification or dispute.
You have received a sale offer; do you want to buy it first or is the sale of a land disputed? We analyze the source of the right of preemption, the documents and the applicable procedure before the notification or dispute.
A pre-emption right may arise from law or contract. We identify the property, the person claiming priority and the conditions for exercising the right. Do not assume that neighbouring ownership, kinship or use of the property creates the same right in every situation.
Sales of agricultural land classified as extravilan are subject to special rules, including the categories of pre-emption right holders and the sale-offer procedure. We review the land classification, cadastral documents, the priority ranking claimed and the documents submitted to the authorities. This special regime does not automatically apply to every plot of land or every transaction involving it.
If Law no. 17/2014 applies, the local authority displays the offer for 45 working days. During this period, the pre-emption right holder must express their intention to buy in writing, communicate acceptance to the seller and register it with the supporting documents at the local authority that displayed the offer. To check the deadline, prepare the offer and proof of when it was displayed. If you have submitted an acceptance, retain proof of registration (Article 6(2) and Article 7(1)–(2)).
Prepare the contract and the dates on which you received communications or learned about the transaction. We analyze the appropriate remedy and the persons who must participate in the process. The alleged breach and the effects on the contract are verified in accordance with the applicable law; we do not promise to cancel any sale simply due to a lack of notification.
The title deed, land registry extract, cadastral documents, the contract granting priority, the offer, notices and proof of service. For land classified as extravilan, documents concerning the land-use category, agricultural lease and procedure conducted before the authorities are useful. Mention any approaching deadline and whether you have already accepted an offer or made a payment.
No. The special law or the contract can change the regime. We verify exactly the act received and the date of communication.
Do not assume that this preserves your priority. We assess the conditions for exercising the right and the response you have made.
Yes, after verifying the documents and any potential conflicts of interest.
Lawyer Constantin Andor has been a member of the bar since 2000 and has operated his law office since 2007. Services and fees are agreed in a legal assistance contract after the objective and documents have been clarified. The law office works with lawyers and experts according to the needs of the case. We do not guarantee a particular outcome or duration.
Call: 0732.710.701 · Contact us on WhatsApp · Contact form. Mention any approaching deadline. Confidential documents should be sent using the method agreed with the law office.