If the seller is a married, it will most likely be necessary to obtain the spouse’s consent to the sale. Such consent must be made in writing in the document used for registration purposes. However, to be on the safe side, it is advisable to have the spouse sign his or her consent also in the purchase contract even if it is the bill of purchase that is used in connection with the registration.
If the seller is a limited liability company it is wise to have the seller present a resolution approving the sale by the board of directors of the company. The managing director of a company is normally not allow to decide about sales of real estate on his or her own, unless sales and purchases of real estate constitutes the ordinary business of the company.
Normally, in transactions involving private homes, the seller takes only the advice of the real estate agent, who also prepares all necessary documentation and the seller would not seek the advice of a lawyer.
When the real estate transaction concerns a commercial property, the seller would normally involve his own lawyer in the negotiations and production of transaction documents.
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