Terms and Conditions

Establishment of the mandate

By using the services of a lawyer, the Clients establish a relationship of mandate with the Lawyers' Association or its appointed members. In all cases, the Lawyers' Association shall provide legal services for a retainer fee.

For matters requiring drafting, countersigning, or legal representation in land registry matters, the mandate is initially accepted by telephone or e-mail, but must be formalized in writing before countersigning.

Additional attorney assignments, such as seller's advice, advice on purchasing a new home, warranty advice, and document assistance services (hereinafter referred to as "Electronic Attorney Services") may also be provided through electronic contracting. In this case, the attorney service is considered an information society service pursuant to Article 2, Section 11 of Act CVIII of 2001 on certain issues of electronic commerce services and information society services.

The Lawyers' Association shall identify Clients in accordance with the provisions of the Pmt. (Act LIII of 2017 on the Prevention and Combating of Money Laundering and Terrorist Financing), the Act. (Act on the Protection of the Identity of the User and the Processing of Personal Data), and the internal regulations of the Hungarian Bar Association.

Content of the mandate

The Lawyers' Association provides the following specific legal services:

Legal advice, drafting, countersigning, and legal representation in connection with the alienation and acquisition of real estate property rights, and legal representation in real estate registration matters.

• Other drafting and countersigning
• Legal advice
• Legal representation in individual cases
• Tax advice
• An online document assistance (as legal advice) service for real estate documents, accessible.

The attorney handling a case within the Lawyers' Association will primarily rely on the Client's factual submissions. The Lawyers' Association accepts the facts presented by the Client as complete, accurate, and true. If the Client provides incomplete or incorrect information, the Law Society and the acting lawyer shall not be held professionally or financially liable for any resulting consequences.

The Lawyers' Association is obliged to inform the Client of its activities and the case status, orally if requested, and without request if necessary, particularly if the involvement of another person has become necessary or if new circumstances arise that justify amending the instructions.

The Lawyers' Association will assign a member to handle the case. Upon the Client's justified request, another lawyer may be appointed instead.

In carrying out the mandate, the designated lawyer or law firm, along with their members or employees, may act on behalf of the Bar Association. Additionally, individuals authorized by specific power of attorney from the Law Society, or substitute power of attorney, may also act. In all cases, the initially designated member remains liable as if they had performed the actions themselves.

The member assigned to the case will have the obligations and rights outlined in Section 28 (3) of the Act. Both the Lawyers' Association management and the assigned member are authorized to identify, screen, draft, countersign, represent the Client, and handle data and attorney-client privilege related to the case.

The Bar Association provides lawyer's services requiring personal appearance at the offices, sub-offices, or branch offices of its members by appointment.

If the assignment in a case involving drafting and countersigning is terminated before the documents are signed, the lawyer will be entitled to an hourly fee of EUR 250 plus VAT, instead of the originally agreed-upon fee.

Clients may cancel legal advice appointments until 4 p.m. (CET) on the business day before the scheduled appointment. If an appointment is not canceled by this time, and the Client fails to attend or arrives more than 20 minutes late, a penalty of EUR 100 plus VAT will be charged. This penalty is payable within 3 working days of the Bar Association's request.

If the Client fails to meet the payment obligation by the due date, late payments will incur default interest as outlined in the Civil Code.

Deposit management rules

Pursuant to Section 7.4 of the Hungarian Bar Association's Regulation No. 7/2018 (26.III.), the Bar Association is obliged to keep records of the data and changes in the deposits it manages.

The deposit register includes the following information:

a) the object of the deposit, b) the type of deposit, c) the date of conclusion, amendment, or modification of the deposit contract, d) information on the termination of the escrow agreement, (e) in the case of a deposit with a depositary institution, the name and location of the depositary institution, f) in the case of a judicial deposit, the fact and date of such deposit, (g) information relating to the performance of the deposit.

The Lawyers' Association informs Clients that: a) the body designated for this purpose by the competent regional bar association is entitled to monitor compliance with the rules on custody. b) the competent regional bar association shall supervise the compliance of the Lawyers' Association with the provisions of the Pmt. In the course of verification, the Budapest Bar Association may also become aware of the data recorded in this clause, including data provided by the beneficial owner, and of the attorney-client privilege and the attorney-client privilege of this escrow agreement.

The Lawyers' Association is subject to the obligation of client due diligence (identification) and notification to the competent regional bar association regarding deposit management, as per Article 30 (1) - (2), Article 73 (1) b), and Article 74 (1) of the Act.

Attorney-client privilege

All case-related data within the Bar Association is considered a lawyer's secret. All individuals involved in the case, including lawyers, employees, and assistants (as defined in Section 10 (3) and (4) of the Act on the Protection of Lawyers' Secrets) are obligated to maintain confidentiality, except as specified in the Act.

Case documents are generally kept by the countersigning lawyer at their office, with a copy stored securely at the Bar Association's head office.

Pursuant to Article 53 (5) of the Act, the lawyer must retain the countersigned deed and related documents for ten years from the date of countersigning.

A deposited document must be kept until the termination of the deposit contract, while a legal deposit must be kept for ten years after its termination.

Provisions on electronic services

The technical steps for concluding an electronic contract are as follows:

Contact the Lawyers' Association by telephone, e-mail, or by filling out the form on the Lawyers' Association website. Indicate the desired service and provide the Client's details.

After contact, the Lawyers' Association will briefly explain the service and send an offer for the lawyer's services by e-mail.

Accept the offer by phone or e-mail.

Receive confirmation by e-mail of the contract's conclusion and payment options, no later than 48 hours after acceptance.

The electronic contract with the Lawyers' Association is a written contract. The Lawyers' Association records and files these contracts, making them available to the Client individually upon request.

It is possible to identify and correct errors in the electronic recording of data during the information provided on the service after contacting the Lawyer's Association or based on the e-mail containing the offer (which also includes the data provided by the Client). Errors can be corrected by telephone or e-mail. The Client acknowledges these tools as adequate, efficient, and accessible technical means to identify and correct data entry errors.

The language of the electronic contract is Hungarian.

The Client may withdraw from the Contract by giving notice to the Lawyers' Association until the Lawyers' Association starts to provide the services.

Final provisions

In certain transactions, the Lawyers' Association is obligated to perform client due diligence (identification) and notify the competent regional bar association, as outlined in Article 30 (1) - (2), Article 73 (1) b), and Article 74 (1) of the Act.

A non-client contracting party may grant power of attorney to the countersigning lawyer for representation in procedural matters related to the instrument.

In matters not covered by these GTC, the provisions of the Civil Code, as well as any agreements between the attorney and the Client, shall prevail.