Legal Services

Our Lawyers play a critical role in ensuring a safe, legal, and smooth property transaction process for buyers and sellers. Below is a detailed list of their responsibilities:

Pre-Purchase Due Diligence:

Verify Legal Ownership: Confirm that the seller has the legal right to sell the property.

Check Property Title: Review the property’s title deed (escritura) at the Land Registry to ensure it is free from encumbrances, charges, or debts.

Investigate Debts and Liabilities: Ensure there are no outstanding community fees, utility bills, mortgages, or other debts attached to the property.

Planning and Urbanization Compliance: Confirm that the property complies with local planning laws, including construction licenses and planning permissions.

Check Habitation Certificate (Cédula de Habitabilidad): Verify that the property has the required habitation certificate or occupation license.

Check Energy Performance Certificate: Ensure that the property has a valid energy certificate (Certificado de Eficiencia Energética).

Drafting and Reviewing Contracts:

Preliminary Purchase Agreement: Draft or review the deposit contract (Contrato de Arras) to protect the buyer’s interests.

Purchase Contract: Prepare or review the final purchase contract, ensuring that all terms are fair and legally binding.

Review Private Agreements: Evaluate any other private agreements related to the purchase.

Negotiation and Communication:

Communicate with the Seller’s Lawyer: Handle all legal correspondence with the seller’s legal representative.

Negotiate Terms: Negotiate the purchase terms and conditions on behalf of the client.

Notary and Title Deed Process:

Arrange Notary Appointment: Schedule the signing of the title deed (Escritura Pública) at the notary’s office.

Prepare Notary Documents: Prepare all necessary documentation for the notary.

Attend Notary Signing: Accompany the client to the notary and ensure that all details in the deed are correct before signing.

Post-Purchase Services:

Register Property in Catastro: Ensure that the property details are correctly updated in the Catastro (local land registry system).

Utility Transfers: Assist in transferring utility contracts (water, electricity, gas, etc.) into the buyer’s name.

Tax and Financial Obligations: Provide guidance on ongoing tax obligations, such as property taxes (IBI) and non-resident taxes.

Resolving Legal Issues:

Dispute Resolution: Handle any disputes related to the property purchase process.

Resolving Urban Infractions: Advise on how to resolve any urban infractions or illegal constructions affecting the property.

Clearing Debts or Embargos: Assist in clearing any debts, liens, or embargos attached to the property.

General Advice and Support:

General Legal Advice: Provide comprehensive legal advice throughout the entire property buying process.

Ongoing Support: Offer continued support and assistance after the purchase, including guidance on tax returns and residency matters if needed.

A conveyancing lawyer in Spain is essential to ensuring that a property transaction is legal, transparent, and free from hidden risks or liabilities. They play a crucial role in protecting the client’s interests and ensuring a smooth transition of ownership.

The Spanish Property Experts...