Who should pay the debts when buying an apartment? What does the law say.

Taking into account the current real estate prices and the increase in mortgage costs due to constant interest rate hikes, it's worth carefully considering your choice several times before buying a flat. If you're in this process, don't forget to check one more thing before making a decision: are there any debts on the flat to the housing community?

The real estate seller, according to clause 9.1.e of Law 49/1960 dated July 21 on horizontal property, is required to provide the buyer with a certificate of debt status. If he fails to do so, the buyer has the right to demand it.

This aspect is not insignificant because you can make a deal and face an unpleasant surprise. Sometimes the amount of debt is small, but at other times it can become a serious burden on your wallet.

Yes, when buying an apartment, the buyer must take on the debts, even if they were incurred by the previous owner.

The law mentioned above clearly describes this situation in the same article: "A buyer of housing or premises under horizontal property, even if they have a record in the Property Register, is responsible for debts to the housing community related to the maintenance of common expenses accumulated by previous owners, up to the amount that can be attributed to the overdue part of the annual payment and for the last three years. The apartment or premises are legally obligated to fulfill this obligation."

That is, when buying an apartment, you need to take on the debts that the property has with the housing community, both for the year in which the transaction takes place and for the previous three years.

The new owner will also have to pay additional fees.

This is an important aspect because the debts that the new owner must assume when purchasing the property can be related to both unpaid dues and possible additional fees that have been introduced by the housing community. So, the amount of debt can be quite substantial.

It is worth noting that it is always a good idea to ask the property manager whether they intend to collect additional fees from the owners in the coming months. Of course, the buyer will be responsible for these costs, but it's always better to know about this in advance and avoid unforeseen issues.