Legal Due Diligence Prior to the Acquisition of Real Estate: The 7 Critical Stages – Article by Elli Thanasenari published in NB Daily

Elli Thanasenari on real estate due diligence in Greece – 7 critical legal stages before property acquisition

A practical guide to real estate legal due diligence: The 7 key stages before acquiring property

Legal due diligence prior to the acquisition of real estate is one of the most critical stages of any sale and purchase transaction, investment, or development of property assets. It is a process that can prevent serious legal and financial risks, affecting both private individuals and businesses or investment structures. Especially in a market characterised by rising property values and strong investment interest, legal due diligence should not be viewed as a mere procedural formality, but as a fundamental mechanism for safeguarding the purchaser and ensuring transactional certainty.

Elli Thanasenari, Partner at our law firm, recently analysed the core stages of real estate legal due diligence in an article published in NOMIKI BIBLIOTHIKI Daily (NB Daily), presenting a practical guide for lawyers and professionals involved in real estate transactions. The article focuses on those issues which, in practice, most frequently give rise to disputes and litigation.

Why real estate legal due diligence is decisive

Under Greek law, rights in rem over real estate are often encumbered by historic acts, incomplete registration records, unresolved inheritance matters, planning and zoning irregularities, or conflicting entries in the Land Registry and the Cadastre. A superficial review is insufficient. What is required instead is a systematic and in-depth examination of the property’s legal history, in order to ensure that the purchaser acquires a clean, valid, and fully enforceable title.

Real estate legal due diligence: the 7 critical stages

A comprehensive legal due diligence process typically includes, among others, the following stages:

  1. Review of ownership titles over time, to verify the uninterrupted and lawful transfer of title.
  2. Examination of registrations and filings with the competent Land Registry or Cadastre.
  3. Verification of encumbrances, such as mortgages, prenotations, and seizures.
  4. Investigation of third-party rights, whether in rem or contractual, that may restrict the use or disposal of the property.
  5. Review of planning and zoning restrictions affecting the development or exploitation of the property.
  6. Identification of inheritance or family law issues, which frequently give rise to subsequent challenges.
  7. Assessment of specific legal risks associated with the intended use, investment, or development of the property.

The omission of any of the above stages may result in the loss of the investment or lead to lengthy and costly litigation.

Connection with litigation practice

In practice, a significant number of civil and commercial disputes that ultimately reach the courts originate from an incomplete or flawed legal due diligence process carried out prior to the acquisition of real estate. Experience from litigation demonstrates that many such disputes could have been avoided through a thorough and substantive review at the outset of the transaction.

For this reason, real estate legal due diligence should not be treated merely as a procedural step, but as a risk management tool with a direct impact on the security and sustainability of the investment. Our approach therefore focuses not only on completing the transaction, but also on protecting it against future challenges.

Publication and institutional recognition

The publication of this article in NB Daily forms part of our firm’s active participation in the legal dialogue and its contribution to the analysis of practical issues in transactional practice. At the same time, it strengthens the institutional presence and visibility of our law firm in an area of increasing demand and significant economic importance, namely real estate transactions.

You can read Elli Thanassenari’s full article (in Greek) in NB Daily HERE.

See also other articles by Elli Thanasenari:

 

Disclaimer: This publication is intended for informational purposes only and does not constitute legal advice. Professional legal guidance should always be sought before acting on any information contained herein.