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Before acquiring, financing or investing in Serbian real estate, a client needs to understand the legal status of the property and the risks that may affect the proposed transaction. Petrović Mojsić & Partners conducts real estate due diligence for investors, purchasers, lenders and foreign counsel, with the scope tailored to the asset and transaction structure.
Our review connects findings to practical decisions: whether a risk requires further investigation, a contractual protection, a condition to completion or a change in the transaction structure. We identify the documents reviewed and any material limitations in the information available.
Title, Ownership and Cadastral Status
We examine cadastral records, the identity and rights of the registered holder, the description of the land and buildings and relevant underlying title documents. We consider discrepancies between the documents and the register, pending applications and annotations, co-ownership and authority to dispose of the property where relevant. The review is adjusted to the property’s history and the documentation available.
Mortgages, Easements and Other Encumbrances
We check for registered mortgages, easements and other recorded rights or restrictions and review the supporting documents where available. We assess their potential effect on use, financing and transfer, and the steps that may be needed to release or address them at completion.
Restitution and Historical Ownership
Depending on the property and its history, due diligence may include assessing restitution or other historical ownership risks using available records and documentation. The absence of an obvious entry in a single register does not resolve every possible claim; the appropriate enquiries depend on the facts.
Planning, Construction and Use Permits
We review relevant planning information and available construction, use and other property documentation to assess the legal basis for the existing building and the proposed use or development. We identify questions requiring further enquiries or technical advice, including where the actual condition appears inconsistent with the available documents.
Disputes, Possession and Leases
Our review may include available information on litigation, enforcement and other proceedings affecting the property, as well as leases, occupancy and possession. We examine the transaction implications of existing tenants, third-party rights, contractual restrictions and handover obligations, subject to the documents and information accessible for the matter.
Company-Owned Property
Where an acquisition is structured as a purchase of a Serbian company, we review the company as well as its real estate. The scope may cover ownership and authority, material contracts, financing, disputes and other liabilities. A share transaction does not in itself isolate the buyer from liabilities of the target company. We coordinate with our corporate and commercial practice and other advisers as appropriate.
Due Diligence Findings and Transaction Documents
We explain material findings and propose legal steps appropriate to the transaction, such as further verification, conditions precedent, release arrangements, warranties or other negotiated protections. A review is based on the agreed scope and available information; it cannot eliminate all legal or commercial risk. Tax, technical, environmental and valuation matters may require separate specialist advice.
Information for an Initial Assessment
Please provide the property location and cadastral identifiers if known, the proposed transaction, the identity of the parties, the documents already available and the anticipated timetable. After checking conflicts, we can agree a scope of work and fee arrangement.
For assistance, contact our team or email [email protected]. For broader transaction support, see our real estate law practice and our article on real estate cadastre registration.