# Sale and purchase agreement — flat, land, car A sale is the most common contract — and can be the most expensive mistake if the property is burdened by debt, a mortgage or a dispute. We check the property and draft the contract so that money and property change hands safely. - Confidential - Georgian · English · Russian - Free first consultation - Courts of all instances Under the Civil Code, buying real estate — a flat, house or land — requires a written contract and registration of ownership in the buyer's name at the Public Registry (Articles 183 and 323). Until registration, the seller is still the owner. For movable property, such as a car, the contract can be simpler, but the car must be re-registered to the new owner at the MIA Service Agency. ## Check before you buy - A Public Registry extract — who the owner is - Mortgages, seizures, enforcement or other burdens - Co-owners, and spousal consent if the property was bought during marriage - Property owned by a child — selling it needs court consent - Tax and utility debts ## What it must include - An exact description of the property — with the cadastral code - Price and payment terms — preferably by bank - Handover date - Who pays the registration costs - The seller's guarantee that the property is unencumbered - What happens if a party fails to perform ## Preliminary agreement and deposit If the deal happens in stages, a preliminary agreement comes first. If the party who paid a deposit breaks the deal, the deposit stays with the recipient. Write clearly whether a payment is a deposit or an advance — they have different consequences. ## Common mistakes - Handing over cash without a receipt - Writing a lower price in the contract — in a dispute you'll struggle to prove the real amount - Paying in full before registration - Checking the registry extract days in advance instead of on the signing day ## Will a template do? A template is written for a general case and doesn't reflect your risks — often it lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal. We draft the contract or review the other side's text before you sign. ## Our services - Legal checks on the property before you buy - Preliminary and main sale agreements - Instalment sale agreements - Bilingual contracts for foreign buyers - Registration at the Public Registry - Disputes over defects, unpaid price or termination ## Questions & answers ### When do I become the owner of a flat? From registration in your name at the Public Registry — signing or paying isn't enough. ### Does it have to be notarised? The law doesn't always require it — a written contract and registration are enough. Still, checking the parties' identity and authority reduces the risk. ### What if the item I bought turns out to be defective? Ask for the defect to be fixed or the item replaced; if that doesn't happen — a price reduction or termination of the contract (Articles 491–492). ### Can I use a template from the internet? You can, but a template is written for a general case and often lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal or have a lawyer review it before you sign. ## Legal basis - [Civil Code of Georgia](https://matsne.gov.ge/ka/document/view/31702) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. ## Related topics - [#Property](https://mmlaw.ge/en/real-estate-lawyer/) - - [Real estate lawyer](https://mmlaw.ge/en/real-estate-lawyer/) - - [Buying an apartment in Georgia: what to check](https://mmlaw.ge/en/blog/buying-an-apartment-checklist/) - - [Living in a flat for a lump sum (girao)](https://mmlaw.ge/en/girao-apartment-lump-sum-georgia/) - - [Renting an apartment](https://mmlaw.ge/en/apartment-lease-georgia/) - - [Mortgage](https://mmlaw.ge/en/mortgage-georgia/) - - [Land registration](https://mmlaw.ge/en/land-registration-georgia/) - - [Building a house on agricultural land](https://mmlaw.ge/en/building-on-agricultural-land-georgia/) - - [Gift agreement](https://mmlaw.ge/en/gift-agreement-georgia/) Practice areas ## Other practice areas - [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/) — Defense at every stage — from investigation and arrest to trial and appeal. - [Drug offences](https://mmlaw.ge/en/drug-crime-lawyer/) — Defence in cases of buying, possessing, selling and importing drugs — and against fines and administrative detention. - [Cybercrime](https://mmlaw.ge/en/cybercrime-lawyer/) — Defense in cybercrime cases and help for victims of online fraud, hacked accounts and blackmail. - [Property crimes](https://mmlaw.ge/en/property-crime-lawyer/) — Defence in theft, robbery, fraud, extortion, embezzlement and misappropriation cases. - [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) — Defence against tax evasion, money laundering, customs and other economic charges. - [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) — Defence in bribery, trading in influence and abuse of official power cases. - [Violent crimes](https://mmlaw.ge/en/violent-crime-lawyer/) — Defence in assault, bodily injury, threats and homicide cases — including self-defence. - [Juvenile justice](https://mmlaw.ge/en/juvenile-justice-lawyer/) — Specialised representation of minors, focused on their rights and future. - [Civil litigation](https://mmlaw.ge/en/civil-litigation-lawyer/) — Contract, property and damages disputes — negotiated or argued in court. - [Administrative law](https://mmlaw.ge/en/administrative-law-lawyer/) — Challenging decisions of public bodies, fines, permits and licences. - [Labor disputes](https://mmlaw.ge/en/employment-lawyer/) — Unlawful dismissal, unpaid wages and employment contracts — for employees and employers. - [Corporate law](https://mmlaw.ge/en/corporate-lawyer/) — Company formation, contracts, compliance and shareholder matters. - [Real estate](https://mmlaw.ge/en/real-estate-lawyer/) — Due diligence, purchase agreements, registration and property disputes. - [Family law](https://mmlaw.ge/en/family-lawyer/) — Divorce, custody, alimony and division of property — handled with discretion. - [Inheritance](https://mmlaw.ge/en/inheritance-lawyer/) — Accepting an inheritance, the certificate of inheritance, wills and disputes between heirs. - [Intellectual property](https://mmlaw.ge/en/intellectual-property-lawyer/) — Trademarks, copyright and protection of your creative and business assets. --- Source: https://mmlaw.ge/en/sale-purchase-agreement-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge