PURCHASE AND SALE

Legal Property Advisor

PURCHASE AND SALE

Planning and advice. Study of the fiscal, urban, administrative and legal situation of the property.

Buying a property in Spain?

So it is important that you have some prior knowledge of the purchasing process.

It is important to know that in Spain the notary only intervenes at the end of the buying and selling process to attest that the transfer has been formalized in a public deed and that it complies with the law, so it is advisable that both the seller and the buyer are assisted throughout the process with their own lawyer or legal advisor.

Both lawyers or legal advisors are responsible for drafting the contracts, ensuring that each party fulfills its obligations, arranging and receiving payments, filing and settling taxes, and completing the registration of the property in the name of the new owner in the land registry. And it's our job!

OUR WORK PROCESS:

We perform the "due diligence" of the property, or in Spanish "audit of purchase", which is prepared based on the investigation of certain aspects such as:

  • Selling party: investigation of whether the selling party complies with all its legal and tax obligations when proceeding with the sale and purchase transaction.
  • Taxation: taxes levied on the sale and purchase transaction
  • Urbanism: investigate if the property (i) has the corresponding licenses, (ii) if it is located in an out-of-planning zone, (iii) if the property is located in a zone of urban planning, 
  • Administrative: investigation of the possibility that the property is involved in any administrative procedure with the City Council (for example, compulsory expropriation proceedings, affections to coasts, public hydraulic domain, etc.).
  • Environmental: energy efficiency certificate, etc.
  • Legal: investigation of any legal proceedings that may affect the property or the possibility that the property may be subject to legal proceedings in the future.
  • Cadastral: cadastral ownership, concordance between the cadastral description and the Land Registry description.
  • Encumbrances such as leases and their possibility of legal extensions and subrogations, usufructs, mortgages, lien notations, etc.

 

It is clear that these auditing processes result in preventive legal certainty and can be a barrier to possible administrative sanctions, to the filing of future litigation between the parties, help to avoid the loss of earnest money, etc.

We elaborate the legal contracts that guarantee the operation, advising both fiscally and economically.

3.- We plan and take care of the elaboration, drafting and signing of the public deed at the notary's office (if you do not wish to go to the notary's office or if it is not possible, we can sign on your behalf with a power of attorney).

4.- We register the deed of sale in the Land Registry and in the Real Estate Cadastre and manage the payment of taxes.

5.- If you wish we also take care of the change of ownership of supplies and IBI. We make a study of which is the best company to contract a home insurance, etc.

We take care of the annual non-resident tax if you require us to do so.

We can also arrange for the preparation of your will once you are an owner.