The amended Sale of Property (Specific Performance) Law (Law N. 132(I)/2023) came into force on 12/12/2023 to safeguard the buyers’ interests in advance. The amendment allows for the transfer of Title Deeds, under full safety and legal certainty. The Law applies to Contracts signed on or after 12/12/2023 and provides for a mechanism to safeguard the interests of the buyers of immovable property and ensure in advance that the transfer of immovable property shall be executed as soon as the buyer fulfils his/her contractual obligations.
The Law also provides that, for Contracts concluded on and after 12/12/2023, the Seller is obliged to include, as an integral part of the Contract, a Search Certificate of the immovable property that is the subject of the Contract and which is not more than five (5) working days from the date of conclusion of the Contract. In addition, discretionary authority is given to the Director of the Department of Lands and Surveys, to impose administrative fines on the Seller and/or the Mortgagee in cases of non-compliance with specific provisions of the new amending Law.