Legal services in Malta

Purchasing property appears outwardly to be quite a similar process to that used in other countries (UK, Australia, USA etc). Beneath the surface however, it is actually markedly different.

There are almost no title deeds for private residences in Malta. The 'searches' conducted by lawyers in other countries are searches of the titles records - in Malta they are not. They are searches for prior transactions, by contract, by inheritance (wills) and so on. If a property hasn't changed hands recently, there may be nothing on the public register to search. So how do you know that the vendor actually owns 100% of the property and has the right to sell it to you?

With properties often owned jointly by multiple siblings, searches can take time, may never be able to be exhaustive, and may still leave the new transaction carrying some risk associated with an unknown 'owner' jumping out at a later stage and claiming they have ownership rights to the property you thought you had bought. Be very careful, and choose a competent Notary Public to work for you. Remember that the concept of 'guaranteed title' only exists in those very rare cases where a real certificate of tile exists - and even then only after it has been in place for over 10 years. Until then, your ownership could still be challenged.

Also, it's not uncommon for one notary to be appointed to handle the entire transaction  - so then ask yourself, in whose interests are they working, the buyer or the seller? Be sure your purchase funds are being paid into a real trust account, and not into the notary's private bank account (yes that does happen).

Then, make sure that the transaction is conducted entirely in your language. It's not unheard of for a notary to say one thing in English and something quite different to the other party in Maltese. If you don't understand Maltese, have an interpreter working for you who can confirm that the information being given to both parties is identical.

Finally, the 'konvenju' (preliminary contract) is thought of as an iron-clad commitment to make a purchase. In theory, the clauses in the document often allow for withdrawal without penalty if the inquiries of the perit (architect) and / or the notary are unsatisfactory. In practice it is rare to use this clause to withdraw from a purchase, and notaries may resist you doing so - but it IS your right. Stand up for yourself if you need to and insist on the best outcome.

I hope you find these experience-based observations useful.

Thank you very much Auspom, for sharing these useful information.

Hi Enid,
There's a close group of Aussies and Kiwis in Malta.
If you have plans to come here, please keep in contact.
Cheers, Auspom.

Auspom wrote:

Hi Enid,
There's a close group of Aussies and Kiwis in Malta.
If you have plans to come here, please keep in contact.
Cheers, Auspom.

  Is there a facebook group perhaps for Aussies/Kiwis? I've been here close to 2 years and outside of the occasional tourist, have met *one* Australian.

Maybe I don't get out enough

Message me privately through this forum and i'll link you up.

That is awesome! Thank you Auspom.