Court sanctions notary for unlawful property transaction confirmation
Vilnius District Court found a notary working in the capital guilty of failing to perform his duties by confirming a flat sale without the genuine owner's consent.
Court sanctions notary for unlawful property transaction confirmation
Vilnius District Court found notary E. M., who worked in the capital, guilty of certifying a residential property purchase and sale agreement without the genuine owner's consent. The court imposed a fine of 5,000 euros for this breach.
Additionally, the court upheld a civil claim filed by the prosecutor in the injured party's interests. According to this ruling, the convicted notary must pay 80,000 euros in compensation for material and moral damages caused.
The incident occurred in May 2021, when the legal professional, using his signature and official seal, legitimised a transaction drawn up by a person incapable of understanding the significance of their actions. Moreover, the notary confirmed a document regarding full settlement for the sold immovable property, allowing other persons to appropriate the funds received from it.
In the court's view, the legal professional had not previously verified whether the alleged seller could understand his actions. Consequently, ownership rights to his only residential dwelling were transferred without the injured party's consent. This caused substantial harm to the individual and also damaged the prestige of the notarial profession and the reputation of a public official.
The court established that E. M. violated the Notarial Law and failed to protect interests safeguarded by law. This ruling may still be appealed to a higher court instance.
Source: 15min.lt
Source: 15min