Sep 13, 2024
What Is a Tabular Statement? A Comprehensive Guide to Its Types, Issuing Process, and Certification
Josipa Kusić
Real Estate Coordinator
The tabular statement is a legal document by which the seller authorizes the transfer of ownership rights to real estate in the land register to the buyer, in accordance with the purchase agreement. This document can be an integral part of the sales contract or can be issued separately.
There are two types of tabular statements: conditional and unconditional. The conditional declaration enables the transfer of ownership only after the buyer has paid the full amount of the purchase price, without the possibility of additional restrictions or objections. On the other hand, an unconditional declaration allows the registration of ownership immediately, without any additional conditions or consents.
Does the Tabular Statement Have to Be Certified?
The tabular statement must be certified by a competent authority, such as a notary public, to ensure its legal validity. If the tabular statement is part of the sales contract, its certification is inherently valid as the contract itself undergoes notarization. This ensures a seamless legal process for transferring ownership. The seller is obliged to issue a tabular statement to the buyer after the buyer fulfills all his contractual obligations, which includes full payment of the purchase price of the property. In the event that the seller refuses to issue a tabular statement, even though the buyer has fulfilled all obligations, the buyer has the right to terminate the purchase agreement without additional costs.
What Does the Tabular Statement Contain?
A valid tabular statement must precisely identify the real estate being registered, clearly outline the rights being transferred, limited, encumbered, or terminated, and include an unequivocal statement of consent to the registration without any conditions or objections. This ensures that all necessary details are transparent and legally enforceable. Also, the document must contain the signature of the person whose right is transferred, limited, encumbered or terminated, in order to be valid for the transfer of ownership.
When Is the Tabular Statement Submitted?
The tabular statement is typically submitted after the buyer has fulfilled all obligations outlined in the sales contract, most often upon the full payment of the agreed purchase price. Timely submission of this document is crucial to facilitate the official registration of ownership in the land register. It is a key document that enables the registration of property rights in the land register. The tabular statement can be submitted immediately after the conclusion of the sales contract, if all conditions are met, or after the buyer has performed all necessary actions, such as payment of the agreed price. In some cases, it can be submitted to a notary public or directly to the land registry court in order to carry out the registration of ownership.
What Does a Simple Example of a Tabular Statement Look Like?
Here is an example of a simple tabular statement used to transfer ownership of real estate:
**TABULAR STATEMENT**
I, [SELLER’S NAME AND SURNAME], OIB [OIB NUMBER], residing at [SELLER’S ADDRESS], as the seller, declare the following:
On the basis of the sales contract concluded on [DATE OF CONTRACT CONCLUSION] between me as the seller and [BUYER’S NAME AND SURNAME], OIB [BUYER’S OIB NUMBER], with residence at [BUYER’S ADDRESS], as the buyer, I sold the property labeled as:
– [PROPERTY DATA: cadastral municipality, plot number, area, property description]
I declare that I fully agree that the buyer, [BUYER’S NAME AND SURNAME], as the new owner, will be registered in the land register as the owner of the specified property, without further conditions, restrictions or opposition from my side.
This statement serves as the legal basis for the registration of ownership of the property in the name of [BUYER’S NAME].
In [PLACE], on [DATE].
________________________
**[Seller’s Signature]**
**Notary public certification:**
This declaration is made in my presence and signed before me by [SELLER’S NAME AND LAST NAME].
In [PLACE], on [DATE].
________________________
If you have additional questions or require further assistance, whether legal or otherwise, do not hesitate to reach out. Our team is here to provide expert guidance every step of the way.
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Real Estate Coordinator
Josipa is an extremely communicative and sociable person who cares about clients and their needs in the first place. Guided by her own ambitions and organization, she is maximally dedicated to the work she does. Always smiling and happy, she approaches every new task and looks forward to new challenges. Its primary area of activity is the Dalmatian coast and islands, with its center in the city of Split.
Josipa is an extremely communicative and sociable person who cares about clients and their needs in the first place. Guided by her own ambitions and organization, she is maximally dedicated to the work she does. Always smiling and happy, she approaches every new task and looks forward to new challenges. Its primary area of activity is the Dalmatian coast and islands, with its center in the city of Split.
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