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Petrović Mojsić & Partners advises international investors, companies, lenders and individuals on real estate transactions and property-related matters in Serbia. Our Belgrade team assists with acquisitions, development, financing, commercial leases and disputes, coordinating Serbian legal requirements with the commercial objectives of the transaction.
Whether an investment involves a direct asset purchase or the acquisition of a company holding property, we assess title, restrictions and transaction risks before documents are signed. We work with foreign counsel and other advisers where a transaction crosses jurisdictions.
Real Estate Acquisitions and Sales
We assist buyers and sellers with transaction structuring, negotiations and the preparation and review of preliminary and final agreements. Our work may include reviewing the seller’s authority, payment and completion arrangements, contractual protections, conditions precedent and the steps required for registration. The appropriate structure depends on the property, the parties and the proposed transaction.
Foreign Ownership and Reciprocity
The ability of a foreign person to acquire real estate depends on the purchaser, the type of property, the intended acquisition and applicable reciprocity or statutory restrictions. Different rules can apply to residential property, property needed for a business activity and agricultural land. We assess the position for the particular transaction and, where needed, the evidence of reciprocity. The Serbian Ministry of Justice explains the statutory framework.
Legal Due Diligence and the Cadastre
We examine the cadastral records and underlying documents to assess the registered holder, the property description, mortgages, easements, annotations and other matters relevant to the transaction. A cadastral entry is an essential starting point, but the scope of review may also require examination of title documents, permits, possession, contracts and public records.
Our dedicated real estate due diligence service explains the scope of a transaction-focused review. Read more about registration in the Serbian real estate cadastre.
Development and Construction
For developers and investors, we review the legal status of land and buildings, planning documentation, construction and use permits and issues affecting the intended development. We assist with agreements and coordinate with technical, planning and other specialists where their input is required.
Mortgages and Real Estate Financing
We assist lenders and borrowers in reviewing real estate security, preparing and negotiating mortgage-related documents, assessing registration requirements and coordinating completion. The effect and priority of security depend on the instrument, the existing register and the applicable law.
Hotels and income-producing property
For an operating hotel or a leased commercial building, title is only the starting point. We compare the cadastral description with the premises in use, review construction and use permits, and identify which leases, operator agreements and security arrangements will continue after closing. A buyer acquiring the property-owning company also needs an assessment of that company’s liabilities. We use those findings to negotiate the conditions to closing, release of existing mortgages and delivery of possession.
Commercial Leases
We advise landlords and tenants on commercial leases, including permitted use, rent, security, maintenance, fit-out works, term, termination and handover. We examine how the lease interacts with the property title and the client’s intended use.
Property Acquisitions Through Companies
When property is held by a Serbian company, a share acquisition involves more than a review of the real estate. We consider corporate ownership and authority, contractual obligations, financing, litigation and other liabilities alongside the property review. Our corporate and commercial team supports the transaction structure and corporate documentation.
Real Estate Disputes
We represent clients in disputes concerning ownership, contractual obligations, mortgages and other property rights. We assess the available evidence, procedural options and potential interim measures in light of the particular dispute.
Discuss Your Property Matter
To discuss a Serbian real estate transaction, financing or dispute, contact Petrović Mojsić & Partners or email [email protected]. Please provide the property location, parties, transaction type and any relevant deadline. We can then agree the appropriate scope of review and engagement.
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