How to check an individual seller before buying
In a sale between individuals, the land register extract is only the beginning. You need to understand who signs and whether co-owners, spouses, heirs, powers of attorney, enforcement proceedings or court cases could block the transaction. The guide below is a practical checklist for buyers, not legal advice.
- Check whether the seller's name on their identity document matches the owner entered in the land register and whether there are co-owners who must sign.
- Ask explicitly about a spouse, the matrimonial property regime and inheritance: a property may require other people's consent even when you negotiate with a single seller.
- If a representative signs, request an authentic, recent power of attorney that is sufficiently clear about selling, price, receipt of funds and the preliminary contract.
- Land register encumbrances, litigation notices, attachments, mortgages and prohibitions are indicators that must be clarified before paying a deposit.
What to check about the seller
For individuals, risk often arises from co-owners, inheritances, powers of attorney, litigation or pressure to pay a deposit.
Verifi helps you prepare the right questions and identify important warning signs. For complex legal situations, clarify the decision to sign with your notary or lawyer.
The seller must have full authority to sign
Alongside the identity document, check who else needs to be present and which circumstances could block the sale.
Pressure to pay a deposit before clarification is a reason for caution.
- 0 lei - searching cases on portal.just.ro by the seller's name, without an account (Ministerul Justiției)
- Voidable - a deed disposing of community property concluded without the other spouse's consent (Articles 346-347 of the Civil Code)
- 20 lei online - the informational land register extract with current owners and encumbrances (ANCPI Order 16/2019)
1. Identity and co-owners
The first question is not whether the seller seems trustworthy, but whether the person in front of you has the right to promise and sell this property. Compare the surname, given names and CNP on their identity document with the owner entered in the land register extract. If names differ, request the document explaining the change: marriage certificate, divorce document, judgment or other supporting document.
Then look at the number of owners. If shares appear, such as 1/2 or 1/4, you are dealing with a co-owner, not the sole owner. In practice, all relevant co-owners must be involved in the preliminary and final contracts, directly or through an authentic mandate.
2. Spouse, community property and heirs
For individuals, hidden risk often comes from family: a spouse, former spouse, children, siblings, heirs or relatives with rights over the property. You need not turn the discussion into an interrogation, but you do need clear answers.
Separate or community property
Ask whether the property was acquired before or after marriage, by purchase, inheritance, gift or partition. If the seller is married, the notary will check the matrimonial property regime and request the necessary documents. The practical indicator for you is simple: do not treat the spouse's absence as a minor detail.
Succession and heirs
If the seller says they inherited the property, ask to see the certificate of inheritance or document completing the succession proceedings. Unfinished succession proceedings, an unregistered share or an heir who disagrees may delay or block the sale.
- Check whether the land register lists all heirs or only the deceased.
- Ask whether succession proceedings are ongoing.
- Request clarification if the seller refers to documents being processed by a notary that are not yet finalised.
3. Power of attorney, representative and capacity
If the person negotiating is not the owner, a mandate is involved. Check the power of attorney carefully: who granted it, to whom, on what date, for which property and which acts it allows. General wording may not cover selling, negotiating the price, receiving the deposit or signing the preliminary contract.
- Request the authentic power of attorney in the original or a certified copy.
- Check whether it identifies the property clearly enough.
- Check whether it permits signing the preliminary contract and receiving funds.
- Ask the notary whether the power of attorney is still valid and sufficient.
Legal capacity also matters. If the seller is under guardianship, curatorship, judicial restrictions or shows signs of not understanding the transaction, the notary must handle the situation with particular care. For the buyer, this is a reason not to rush a deposit payment.
4. What to check in the land register
The informational land register extract shows the active position in the land register on the date it is generated, according to ANCPI. For an individual seller, read three areas in particular: the owner, how ownership was acquired and encumbrances.
Owner and method of acquisition
See whether the current owner acquired through sale, gift, inheritance, partition, court judgment or another deed. The method of acquisition tells you what to ask next: for inheritance, ask about succession proceedings; for a gift, check for special clauses; for a court judgment, ask whether it is final.
Encumbrances and prohibitions
Part III of the land register is where mortgages, prohibitions on disposal, usufruct rights, attachments, enforcement proceedings, litigation notices and other entries that may affect the sale appear. Not every encumbrance automatically means you should not buy, but all must be explained in writing before the preliminary contract.
5. Court cases, enforcement and checks through Verifi
Verifi Complet can bring together indicators about cases, enforcement and litigation relevant to the seller or property in one report. This helps you see sooner whether the risk concerns only the property or also the person selling it.
- Partition, succession, recovery of property or deed annulment cases.
- Challenges to enforcement or enforcement proceedings.
- Cases involving neighbours or the owners' association.
- Cases whose description includes the property's address.
Verifi does not replace a lawyer's opinion or decide whether you can buy. Its role is to put important indicators before you before you commit funds to a preliminary contract.
In Verifi, this information is treated as property-check indicators: useful for clear questions to the seller, notary and lawyer.
6. Recent transfers and price pressure
A very recent transfer is not automatically problematic. It may be an inheritance, partition or legitimate purchase. It becomes an indicator when combined with pressure: we must sign today, there are three other buyers, the deposit must be cash or the documents will be sorted out later.
- Ask why it is being resold so quickly.
- Compare the asking price with similar transactions and offers in the area.
- Ask for an explanation of any substantial difference between the price and the market.
- Do not agree to pay a deposit without a notarised or reviewed preliminary contract. See how to protect your deposit before signing.
Time pressure is one of the clearest signs that you should slow down. A good transaction can withstand a few days of reasonable checks.
7. Questions before the preliminary contract
Before the preliminary contract, ask directly and request answers that can be verified through documents. This is not distrust; it is normal checking for a major transaction.
- Who are all the owners, and who will sign?
- Is the seller married? Is the spouse's consent needed?
- Was the property acquired through inheritance, partition, gift or purchase?
- Are there ongoing succession, partition or litigation proceedings?
- Are there mortgages, attachments, debts to the owners' association or prohibitions?
- If a representative signs, what exactly does the power of attorney permit?
- Where is the deposit paid, and what happens if the documents are not clear?
- What time is realistically needed to remove encumbrances and prepare the documents?
8. Warning signs
Stop and seek professional help if any of the following situations arises. Some can be resolved, but not through haste or verbal promises.
- The seller refuses to show documents before the deposit.
- The land register lists co-owners who are not involved in the discussion.
- A power of attorney is mentioned, but its contents are not shown to you.
- The property has an attachment, enforcement entry, litigation notice or unexplained prohibition.
- Succession proceedings are unfinished, but you are asked for a reservation payment or deposit.
- The price is unusually low and pressure to sign is high.
- Payment is requested in cash, into someone else's account or without a clear document.
Frequently asked questions
What should I do if the seller's name does not match the owner in the land register?
Request the document explaining the difference: marriage certificate, divorce document, judgment or other supporting document. Compare the surname, given names and CNP on the identity document with the owner entered in the land register extract before proceeding.
Can I pay a deposit if several owners appear in the land register?
Do not pay a deposit to one person if several owners appear in the land register and you have not clarified who signs, who receives the money and how the preliminary contract's obligations are shared. All relevant co-owners must be involved in the preliminary and final contracts, directly or through an authentic mandate.
What should I check in a power of attorney if the owner is not signing?
Request the authentic power of attorney in the original or a certified copy and check who granted it, to whom, on what date, for which property and which acts it allows: selling, negotiating the price, receiving the deposit, signing the preliminary contract. Ask the notary whether it is still valid and sufficient.
What should I do if the seller inherited the property?
Ask to see the certificate of inheritance or document completing the succession proceedings. Unfinished succession proceedings, an unregistered share or an heir who disagrees may delay or block the sale. Check whether all heirs appear in the land register and ask about ongoing succession proceedings.
Is buying a mortgaged property from an individual risky?
A mortgaged property may still be saleable if the bank discharges the mortgage when the price is paid. By contrast, attachment, enforcement or recorded litigation requires legal review before any deposit. All encumbrances in Part III of the land register must be explained in writing before the preliminary contract.
Standard is suitable for the land register, encumbrances and property risk. Complet is the better choice when co-owners, litigation, enforcement, succession, powers of attorney or unusual pressure to sign are involved.
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