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Frequently Asked Questions

Who pays the tax when buying an apartment?

In most cases, the buyer pays the property transfer tax (2.5%) when purchasing an existing apartment. For new builds, VAT is applied instead, and it’s usually already included in the price. If you’re buying a newly built apartment as the first owner, you may be eligible for a VAT refund.

Can an apartment with a mortgage be sold?

Yes. An apartment with an active mortgage can be sold, but the remaining debt must be settled from the sale proceeds. Typically, the buyer pays the outstanding amount directly to the bank, and the rest to the seller. Bank approval is required, along with careful legal coordination.

Can a foreigner buy an apartment in Serbia?

It depends. Foreign citizens can buy property in Serbia if there is reciprocity — meaning that Serbian citizens are allowed to buy property in their country. Foreigners cannot purchase agricultural land, but they can buy apartments, provided this condition is met.

What if an apartment has multiple owners?

All co-owners must agree to sell. The sales contract must be signed by each co-owner. If even one of them refuses, the sale cannot proceed — except in rare cases (such as court-ordered partition, etc.).

Who needs to be present when certifying the sales contract?

The seller and buyer (or their legal representatives) must be present, and the notary verifies their identity and documentation. If the owner is a minor or legally incapacitated, court approval is also required.

What is a down payment and what happens if someone backs out of the purchase?

A down payment (kapara) is a sum of money given as a guarantee. If the buyer backs out, they lose the down payment. If the seller backs out, they must return double the amount.

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