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09 · Services

Real Estate and Investment Due Diligence

Legal and Land-Registry Verification

Legal, planning and land-registry verification before paying a deposit, signing a contract or investing.

What We Do

  • Verification of property title, encumbrances, mortgages, disputes, restrictions and third-party rights.
  • Planning and zoning conditions and construction parameters.
  • Building and occupancy permits, legal status of the property and utility obligations.
  • Drafting and review of pre-contracts and sale-purchase agreements with buyer protection.
  • Coordination of notarization, tax treatment and land-registry recording.

How We Work

  1. Step 01

    Data Collection

    Obtaining documentation on the property and the seller.

  2. Step 02

    Detailed Due Diligence Report

    Legal and planning analysis with risk assessment.

  3. Step 03

    Protected Contract

    Drafting contractual documentation with buyer-protection mechanisms.

  4. Step 04

    Notary, Tax and Registration

    Coordination of closing, tax obligations and land-registry recording.

Who is this service for?

  • Buyers of apartments, houses and land in Montenegro
  • Foreign investors unfamiliar with the local land registry system
  • Investors in development and tourism projects
  • Buyers of off-plan properties under construction
  • Companies purchasing commercial premises or land
  • Buyers acquiring real estate through the purchase of an equity stake in a company

When and why

The review should be carried out before signing the contract and before paying a deposit, since after payment the buyer's negotiating position is considerably weaker. Most risks are uncovered in the documentation, not by visiting the property.

The most common problems are discrepancies between the cadastral and actual state, encumbrances and mortgages, unresolved access roads, construction and occupancy documentation, inheritance and co-ownership issues, and the status of buildings under construction.

A special case is purchasing real estate through an equity stake in a company. In that case, the review also covers the company itself — liabilities, disputes, tax position — since the buyer acquires the legal entity's history along with the property.

What we review

  • Title deed and cadastral status
  • Encumbrances, mortgages and registered notations
  • Construction, planning and occupancy documentation
  • Land use and planning restrictions
  • Access roads and easements
  • Co-ownership and inheritance issues
  • Contract structure, payment schedule and buyer protection mechanisms
  • Tax and cost implications of the transaction

Zirex expertise

Real estate due diligence is carried out by the legal team with support from the tax and finance team, so the report covers both legal risks and the cost side of the transaction. For clients from abroad, the review is often combined with questions on purchase structuring and residence, which we also handle in-house.

Frequently asked questions

What does real estate due diligence cover?

It covers checking ownership and cadastral status, encumbrances and mortgages, construction and occupancy documentation, land use and planning restrictions, access and easements, and co-ownership and inheritance issues. It also includes an analysis of the contract structure and buyer protection mechanisms. The result is a report identifying risks and recommendations before signing.

When should the review be carried out?

Before signing any binding document and before paying a deposit. A review carried out after payment usually just documents a problem that has already arisen, while a review before signing allows for withdrawal, a price adjustment, or contractual protection mechanisms.

What are the most common risks?

Discrepancies between the registered and actual state, mortgages and registered notations, buildings without complete construction or occupancy documentation, unresolved access to the parcel, undivided inheritance and co-ownership issues, and for buildings under construction, a mismatch between the promised and the approved project.

Can foreigners buy real estate in Montenegro?

Foreign individuals and legal entities can in practice acquire real estate in Montenegro, subject to restrictions that mainly apply to certain categories of land. When direct acquisition is restricted, the purchase is often structured through a Montenegrin company. We assess the appropriate structure before the transaction, taking tax consequences into account as well.

Do you review properties under construction?

Yes. For buildings under construction, we review the building permit and approved project, the developer's status, the payment schedule relative to the construction stage, and the buyer's contractual protection mechanisms, since the risk here is generally higher than for completed buildings.

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Contact

Let's talk about your goal in Montenegro

Describe your situation and we will propose a suitable audit, legal, tax or financial path.

We respond to inquiries within 24 hours on business days.

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