As the editor of this online magazine I can proudly claim I have failed totally to make the Christmas card list of every estate agent on Kefalonia, without exception!......A few hate lists, but no christmas cards last year! This could possibly be because I do not agree with some (by no means all) estate agents methods of selling land and property. I have invited a highly regarded lawyer on the island, Evangelos, to list a few suggestions and pointers when buying land and/or property in Kefalonia. (See below) If you are interested and want to see or know more you can always email him in confidence or visit his website www.lawyersinkefalonia.com

In the last 2 years I have heard some classic golden comments from would be buyers and people who have bought and now have problems. Things they would never say and do in their own country. So why do it in Greece? I have listed some of the best in the boxes. I hope they will make you think twice and not accept everything you are told by the agents and builders, and believe me these things happen on an all too regular basis!

"We used the Estate Agents Lawyers, it saved us time and money!!!

Oh Dear!!! Ever heard of a conflict of interests? Get your own lawyer outside of the local area in which you are buying.

Evangelos Writes.......

Buying property in Kefalonia and in Greece respectively involves the engagement of a competent lawyer and Notary in order to make sure that the property you are buying is free from any third parties rights and liens. In particular the contracting parties (seller and buyer) must have by law one lawyer each to ensure their interests. The lawyer representing the buyer carries out this search in the public registry where the plot is and the sale can be completed only if the lawyer finds the property has a clean title.

It is of the very essence for the seller to establish a firm title in order to demonstrate that he owns the plot from his parents or from a previous contract. In several cases usucaption is being used by the seller, that is, he owned the plot for at least 20 years with no written title but his ownership is being based on the fact that he was cleaning fencing and taking care of the plot and as a result of this it became his. It would be wise to have a closer look when someone is buying land based solely on usucaption since he might find himself in trouble when someone else in the future alleges that the plot is his.

In Greece the buyer pays the transfer of property taxes which are between 9 and 11% of the price that the tax office provides and the Notary fees. The seller pays no taxes and in fact pays nothing.

"We were lucky, the previous land owner had already registered plans so we were able to buy the land last week and they start building next week, We just changed a few things adding a bedroom and swimming pool!!!!"

Oh Dear! The plans need to be in your name to be legal, Plus the final construction needs to be as per the registered plans for that plot!

Moreover what is of the very essence before someone buys anything in Greece is a Greek tax number known as an AFM which in English terms is the equivalent of a social security number and it is valid for life. AFM is the Tax Registration number and in practice is the way the Tax office looks upon the transaction one makes. In practice the easiest way to do this is to issue a power-of-attorney to someone who knows how to do all this, usually a lawyer, and he can issue an AFM without the involvement of the buyer. In addition with the same power of attorney the buyer can grant powers to the lawyer to sign on his behalf so as to avoid any expenses in coming over to Greece.

"Both the agent and the builder assured us that you do not need planning permission for a swimming pool!!!!!!

Oh Dear! In the past nobody checked too closely on the final build and many got away with building a pool after the main building had been signed off and a normal electric supply established. But the fact remains you do need planning permission for a pool and failing to get this could mean big problems at a later date! Especially if there is a water shortage!

In conclusion, buying any property in Greece need not be difficult, in fact it is very easy. Your dream need not turn into a nightmare if you stick to your naturalinstincts, employ a good lawyer and do not allow your heart to rule your head.

So who can you trust?

In short no one! not the builder, not the estate agent, not that really nice guy you met in a taverna! Ask about, talk to people who have already bought and built their holiday home. Take the best ideas and suggestions from everyone you talk to. But Trust no one! except your own common sense plus a good and independent lawyer.

Paul Davis 27/01/07