How to Legally Check a Property Before Buying It in the Republic of Moldova
By Vladislav Mocanu
CEO, Managing Partner
25.06.2026
Buying property does not begin at the notary’s office and it is not limited to negotiating the price. A safe transaction starts earlier, when the buyer checks whether the asset can be acquired without hidden risks and whether the documents reflect the actual legal and technical condition of the property.
In practice, many problems arise not from obvious bad faith, but from incomplete checks: a cadastral extract reviewed too quickly, a power of attorney that is not properly analysed, unauthorised alterations, an unfinished inheritance matter or debts that were not clarified before signing. In many cases, the buyer discovers the risk only after paying the price or taking over the property.
In practice, many problems arise not from obvious bad faith, but from incomplete checks: a cadastral extract reviewed too quickly, a power of attorney that is not properly analysed, unauthorised alterations, an unfinished inheritance matter or debts that were not clarified before signing. In many cases, the buyer discovers the risk only after paying the price or taking over the property.
1. Ownership and authority to sell
The first step is to identify the owner precisely. It is necessary to verify who holds the registered ownership right, whether there are co-owners, matrimonial property issues, heirs, representatives or other persons whose rights may affect the transaction. If the sale is made through a power of attorney, its validity and scope must be checked carefully.
2. Encumbrances, prohibitions and disputes
A property may be mortgaged, seized, subject to enforcement or affected by restrictions on disposal. There may also be disputes that are not apparent from discussions with the seller. A proper legal check should cover both the real estate register and the wider legal context of the property and its owner.
3. Legal history of the property
The transaction history may show whether the property was transferred several times within a short period, whether it came from inheritance, donation, partition, enforcement or another operation that requires separate review. Not every previous transfer is a risk, but an unusual history must be understood before purchase.
4. Construction legality and technical documentation
For houses, commercial premises or modified properties, it is not enough that the asset exists physically. It is important to check whether the works were authorised, accepted into use and reflected in the cadastral documentation. Unauthorised extensions, structural changes or discrepancies between documents and reality may create problems for resale, financing, insurance or use.
5. Debts, utilities and related obligations
Before signing, the parties should clarify maintenance fees, utilities, taxes, building association payments and other obligations connected to the property. The contract should expressly state who bears pre-transfer debts and what documents confirm the absence of arrears.
The first step is to identify the owner precisely. It is necessary to verify who holds the registered ownership right, whether there are co-owners, matrimonial property issues, heirs, representatives or other persons whose rights may affect the transaction. If the sale is made through a power of attorney, its validity and scope must be checked carefully.
2. Encumbrances, prohibitions and disputes
A property may be mortgaged, seized, subject to enforcement or affected by restrictions on disposal. There may also be disputes that are not apparent from discussions with the seller. A proper legal check should cover both the real estate register and the wider legal context of the property and its owner.
3. Legal history of the property
The transaction history may show whether the property was transferred several times within a short period, whether it came from inheritance, donation, partition, enforcement or another operation that requires separate review. Not every previous transfer is a risk, but an unusual history must be understood before purchase.
4. Construction legality and technical documentation
For houses, commercial premises or modified properties, it is not enough that the asset exists physically. It is important to check whether the works were authorised, accepted into use and reflected in the cadastral documentation. Unauthorised extensions, structural changes or discrepancies between documents and reality may create problems for resale, financing, insurance or use.
5. Debts, utilities and related obligations
Before signing, the parties should clarify maintenance fees, utilities, taxes, building association payments and other obligations connected to the property. The contract should expressly state who bears pre-transfer debts and what documents confirm the absence of arrears.
Why legal assistance matters
A real estate agent intermediates the transaction, while the notary authenticates the deed within the limits of the notary’s role. The lawyer’s role is different: to identify risks, explain consequences, propose protective clauses and ensure that the client’s interests are protected before the obligations become final.
At Mocanu Legal, a property check is treated as a risk analysis, not as a formality. The goal is for the purchase decision to be based on clear information, not trust, pressure or assumptions.
A real estate agent intermediates the transaction, while the notary authenticates the deed within the limits of the notary’s role. The lawyer’s role is different: to identify risks, explain consequences, propose protective clauses and ensure that the client’s interests are protected before the obligations become final.
At Mocanu Legal, a property check is treated as a risk analysis, not as a formality. The goal is for the purchase decision to be based on clear information, not trust, pressure or assumptions.
