Electronic signatures in real estate documents in Hungary

Generally, any document which does not need to be registered at the Hungarian Land Registry can be signed using an electronic signature. This includes:

  • Non-disclosure agreements;
  • Exclusivity agreements;
  • Sale contracts; and
  • Leases and related letting documents; guarantees.

Any document which requires registering or noting with the Hungarian Land Registry cannot be signed using an electronic signature. This includes:

  • Transfers;
  • Option agreements;
  • Mortgage agreements/charges;
  • Documents discharging a mortgage/charge; and
  • Easements.

There are no additional legal requirements for an electronic signature of a document.

4. Are there any proposals to change the law relating to electronic signatures? 

No.

5. Are there any other factors which prevent documents being entered into in electronic format?

Possibly, the following issues could prevent a document being entered into in electronic format:

  • documents from outside the EU are recognized only on the basis of international treaties with Hungary in most cases with physical legalisation by the foreign authorities governing the requirements for them to be recognised; or
  • if the document has to be treated as executed in a specific jurisdiction outside of Hungary. If the place of signature or the location of the document has particular legal consequences, it may be better to have a physical signing.
Portrait ofGábor Czike
Gábor Czike
Partner
Budapest
Portrait ofZsófia Zsurzsa
Zsófia Zsurzsa
Senior Associate
Budapest