Property and housing

Buying and selling real estate: what to do under Georgian law

What to check before buying or selling real estate in Georgia: when ownership passes, how a buyer is protected, what happens to a deposit, how to avoid a double sale, and the deadlines for challenging a decision.

What to do

  1. Transfer of ownership: ownership of real estate passes upon a written transaction AND registration of the buyer's right in the Public Registry (Civil Code of Georgia, Art. 183).
  2. Checks before the transaction: the registry extract shows rights, public-law restrictions, tax liens and mortgages, and the debtors' register (Law of Georgia on Public Registry, Art. 10) — obtain a fresh extract on the day of the transaction; check the representative's powers; a parent may alienate a child's property only with court consent (Civil Code of Georgia, Art. 183).
  3. Protection of the buyer: for a buyer, a seller registered in the registry is deemed the owner, unless the buyer knew otherwise (Civil Code of Georgia, Art. 185); this protection does not apply if a complaint has been filed against the entry or the buyer knew it was inaccurate (Civil Code of Georgia, Art. 312); the consent of an unregistered co-owner cannot be demanded (Civil Code of Georgia, Art. 312); a transaction by one spouse involving joint property cannot be declared void merely because the other spouse did not know of it or did not consent; the other spouse may claim his or her share of what was received (Civil Code of Georgia, Art. 1160).
  4. Deposit and preliminary agreement: a preliminary agreement must be in the same form as the main agreement (in writing) (Civil Code of Georgia, Art. 327); the deposit (ბე) remains with the recipient if the party who gave it is at fault for the breach (Civil Code of Georgia, Art. 423); if the recipient is at fault, he or she returns the deposit in double amount and compensates the losses (Civil Code of Georgia, Art. 423). Against a double sale: a preliminary registration of a right in the registry blocks registration of other rights under transactions (Law of Georgia on Public Registry, Art. 12); of mutually exclusive rights, the one applied for first is registered (Law of Georgia on Public Registry, Art. 13).
  5. Disputes: a registered right that does not exist is a legal defect of the property sold (Civil Code of Georgia, Art. 489); the limitation period for contractual claims concerning real estate is 6 years (Civil Code of Georgia, Art. 129); a decision of the registering authority may be appealed within 30 calendar days from official notification (Law of Georgia on Public Registry, Art. 29); a decision to register a right is appealed in court (Law of Georgia on Public Registry, Art. 29); securing a claim — a prohibition on the defendant performing actions, such as alienating the property (Civil Procedure Code of Georgia, Art. 198).
  6. Where to apply: National Agency of Public Registry (საჯარო რეესტრის ეროვნული სააგენტო); notary; court.
  7. Evidence: extract as of the transaction date, preliminary and main agreements, a receipt expressly stating 'deposit' (ბე), payment documents, power of attorney, correspondence.
  8. Pitfalls: transferring the full amount before registration without a preliminary registration or other protection; an oral agreement on a deposit, or a receipt stating 'advance' instead of 'deposit'; buying while a complaint against a registry entry has been filed, which the buyer knew about; buying a new-build without checking the developer's rights to the land and any encumbrances.

Be sure to check

  • moment of transfer of ownership (written transaction plus registration)
  • checks before the transaction (extract — mortgage, arrest, tax lien, debtors' register; child; representative)
  • protection of the good-faith purchaser and its limits
  • fate of the deposit and ways to protect against a double sale
  • time limits and ways to challenge (limitation, appeals against registry decisions)

Provisions in force (texts in Georgian)

საქართველოს სამოქალაქო კოდექსი

საჯარო რეესტრის შესახებ

საქართველოს სამოქალაქო საპროცესო კოდექსი

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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