The purchase or sale of real estate almost always appears to be a straightforward process: the parties reach an agreement, settle on the price, and execute the transaction. However, it is precisely in such seemingly simple situations that mistakes arise—mistakes that later cost nerves, money, and years of litigation.
In 2026, the purchase and sale of real estate, including the purchase and sale of apartments, remain among the most high-risk civil transactions—not because of the complexity of the law, but due to minor nuances that parties frequently overlook.
A review of notarial practice demonstrates that most of these situations could have been prevented at the preparatory stage. For this reason, it is advisable to familiarize yourself in advance with the range of notarial services related to property transactions.
Below are the most common mistakes I encounter in my professional practice, along with an explanation of why, in many cases, the involvement of a notary is indispensable. First, however, let us consider the rules applicable in 2026.
What Has Changed in 2026 and Why It Matters
As of January 1, 2026, there is only one substantive change affecting real estate transactions: notaries are now required to regularly submit information regarding notarized transactions to the tax authorities.
For the parties to a transaction, this means one simple thing—transparency. Concealing the fact of sale, understating the purchase price, or providing questionable confirmation of income in connection with a real estate acquisition in 2026 is no longer feasible.
At the same time, financial monitoring requirements were already in force prior to 2026. No drastic new rules for citizens have been introduced—this has been officially confirmed by the Ministry of Justice.
In an environment of enhanced transparency, longstanding mistakes become particularly dangerous. Below are those most frequently encountered in practice.
Failure to Properly Verify the Seller
Buyers typically focus on the apartment itself rather than on the person selling it. As a result, they often fail to verify ongoing or prior litigation related to the property or to the seller’s personal status, such as divorce proceedings or disputes concerning possession, occupancy, or eviction.
In apartment sale transactions, such circumstances frequently become grounds for challenging the agreement after title has already been transferred. Therefore, proper legal support of a sale and purchase agreement for property and property rights must always begin with verification of the seller’s identity and legal status—not merely the property itself.
Incorrect Consideration of Marital Status
Property acquired during marriage is subject to a special legal regime. The absence of a notarized consent from the other spouse is one of the most common causes of subsequent litigation.
This mistake poses equal risk to both the buyer and the seller.
Deficiencies in Payment Documentation
The absence of a receipt or the improper documentation of settlement creates the risk of repeated claims and disputes.
In real estate sale transactions, the financial component must be documented with the same level of precision as the transfer of title.
Understatement of the Property Value
Specifying in the agreement a purchase price lower than the actual amount paid may appear to be a convenient arrangement. In reality, it constitutes a direct tax risk and a potential ground for invalidation or challenge of the contract.
Given the operation of the 2026 legislation governing real estate sale and purchase transactions, this practice has become particularly hazardous.
Failure to Verify Utility Debts
Outstanding utility debts do not disappear upon the sale of an apartment. If such liabilities are not verified prior to execution of the agreement, the new owner may encounter them after completion of the transaction.
Misuse of Powers of Attorney
Transactions conducted through a representative are permissible but require heightened scrutiny. Frequently, the validity period of the power of attorney, the scope of authority granted, or the reason for the owner’s personal absence is not properly verified.
In 2026 real estate transactions, this remains one of the most high-risk scenarios where notarial supervision is absent.
Insufficient Documentation
Certain documents are lost or not retained at all. However, these documents may become critical for the protection of rights several years later.
How to Avoid Most Problems
In practice, risks can be mitigated before signing the agreement if:
- the marital status of the parties is properly taken into account;
- the power of attorney and the representative’s authority are duly verified;
- the fact of payment is clearly and properly documented;
- the actual value of the property is accurately stated;
- the absence of outstanding debts is confirmed;
- all transaction-related documents are properly retained.
It is at this stage that the role of the notary ceases to be a mere formality.
You may also be interested in a separate service—an agreement for exchange (barter) of property — if you are considering alternative transaction structures.
When the Involvement of a Notary Is Essential
In 2026, the purchase and sale of an apartment or other property is not merely a matter of completing today’s transaction—it is a matter of ensuring future legal security.
In such situations, a notary:
- identifies risks that may not be apparent to the parties;
- explains the legal consequences of each decision;
- prevents mistakes that are nearly impossible to rectify after the transaction has been completed.
In complex or non-standard cases, I provide comprehensive legal support to ensure that the parties clearly understand what they are signing and the legal consequences that will follow.
If you are planning a real estate purchase or sale in 2026 and wish to complete the process without unnecessary risk, you may submit a request for assistance with a sale and purchase agreement for property and property rights.
17.02.2026
