By Laura Kemp • 23 January 2023 • 10:59
Image: Alexander Raths/Shutterstock.com
Buying or selling property in Spain can be a stressful and daunting task, from finding the best real estate agents to help you and gathering all of the necessary paperwork, to getting all of your documents translated and making sure everything is legal and above board. Many of us have heard horror stories about foreign buyers purchasing their new dream home only to find out that the correct processes have not been carried out or that they have not hired a professional to assist them with the necessary documents.
This is why it is essential to find an experienced, professional and honest real estate lawyer who will ensure that the utility bills are up to date, the property has been maintained to the correct standards, give you all of the information about taxes and fees, and that you are protected.
At one time, many people built and purchased property in Spain without much thought. This has resulted in mortgage issues, land issues and problems with various legalities. You may have heard stories about foreign buyers purchasing homes only to have to knock them down decades later, due to various issues that could have been ironed out with the help of a real estate lawyer.
The good news is, hiring a real estate lawyer will eradicate all of these issues, meaning you can enjoy your new home and your new life in the sun without having to handle complicated and complex paperwork. This is especially important in a foreign country, where you will have another language to contend with.
The conveyancing process in Spain involves different degrees of participation by various parties: the seller, their legal representative, the real estate agent, the accountant, a notary, the registrar, utility companies, the town hall of the municipality where the purchase is being made, banks, and in some cases the local courts, regional authorities and even the seller’s neighbour!
The main function of your real estate lawyer will be to advise and assist you throughout the whole buying or selling process. The bureaucracy in Spain is notoriously challenging, particularly for those who don’t speak much of the language, leaving you open and vulnerable to mistakes. The help of a real estate lawyer will mean that you will not have to worry about unforeseen events, and you will have a dedicated professional by your side.
A real estate lawyer will help you to better understand all of the paperwork and documents, which can be difficult in itself because of all the legal jargon and language involved.
For buyers, a real estate lawyer will ensure all fees and charges are up to date and, for sellers, they will ensure that the buyer has the correct funds and that all legal paperwork has been completed.
When selling your home, you will need to make sure that the IBI, community fees and utility payments are up to date, the mortgage has been cancelled, pay your Plusvilia and organise your taxes.
When purchasing a home in Spain, you will need contracts, bank certificates, to ensure the seller is up to date with their payments and that there are no outstanding fees or debts, an NIE number and a Spanish bank account, as well as appointments at the notary.
The process of dealing with legal paperwork in the sale or transfer of Spanish property is known as conveyancing. This means both parties involved have a legal requirement to meet their obligations. A real estate lawyer will help with all of these processes, including licences, permits and taxes.
Most real estate lawyers can provide you with the following services:
Andalucia Lawyers is made up of a team of independent professional solicitors, experts in law and tax, with more than 20 years experience practising law in Andalucia. They offer clients – individuals or companies – an integrated and complete legal-tax service to protect their interests, working in close collaboration. Whether buying or selling property in Spain, they will work hard to protect your interests and give you peace of mind.
Although Andalucia Lawyers are Spanish, the team has a high level of English and plenty of experience looking out for the interests of both resident and non-resident clients throughout Andalucia.
Website: Click here
Telephone: +34 958 29 05 80
The multilingual team at Mercury Abagados promises to accompany you throughout the whole buying or selling process in Marbella and anywhere else in Spain. Their dedicated real estate lawyers will carry out a detailed study to find out the legal status of a property to verify possible debts and charges. They will draw up the reservation contract and the private contract and prepare the deed of sale at the notary.
For sellers, the team will study the current state of your property and calculate the expenses and taxes on the sale. They will also calculate the capital gains and income tax of non-residents, as well as drafting up the reservation document and private contract.
Telephone: +34 951 05 28 11
Welex cover various sectors of law, such as conveyancing, legal, labour, tax, accounting and business management consulting. Their English-speaking professionals are experts in providing comprehensive consultancy services relating to the purchase and sales of real estate in Spain, not only from a legal point of view but also covering tax aspects.
Welex has a team of expert property lawyers at your disposal offering legal security, experience and impartiality to defend your interests. They are committed to demonstrating their efficiency and transparency.
Telephone: +34 952 77 55 21
Emilio Pino Abogados offer experienced and sophisticated advice with respect to the entire range of real estate transactions. From transaction commencement to completion, the expert team are dealmakers with business expertise who listen to their clients.
The team offers considerable participation in the planning, acquisition, financing, construction, leasing, and management of buildings, shopping centres, hotels, villas, or apartments. The business has been dynamically involved in transactions throughout the Costa del Sol, representing Spanish and foreign-based developers.
Telephone: +34 951 55 33 53 or +34 629 58 22 38
Franco Abogados represents buyers, sellers and lenders in a wide array of transactions, ranging from the traditional residential purchase or sale to acquisitions and sales of office buildings, shopping centres, warehouses and industrial properties, multi-family properties and privately developed projects.
The team will provide advice and representation in the purchase from the initial stage until the proper purchase Title Deed is inscribed in the Land Registry in the name of the buyer. For sellers, they will act on your behalf throughout the whole process, all the way from the very first moment they receive a binding deposit until the property is transferred and the taxes are paid.
Telephone: +34 952 863 819
Lawbird is an English-speaking Spanish law firm with more than 15 years of experience in helping clients worldwide with their investments in Spain.
Their lawyers will ensure that all parties are appropriately coordinated and followed up with, and will perform an investigation to ensure that the property is purchased without any previous charge or liability that could incur additional costs or reduce the property’s value.
Telephone: +34 952861890
MT Legal Lawyers offers personalised and complete legal advice on various real estate law issues.
At MT Legal Conveyancing Lawyers Marbella, the team wants to provide assistance with your conveyancing requirements at a very competitive price with quality and professionalism and offer conveyancing services in Marbella for all types of real estate properties.
Telephone: +34 952 778 342
With English-speaking lawyers, Perez Legal’s conveyance legal representation aims to ensure a smooth legal process, safe investment and a hassle-free purchase experience.
Whilst your property is reserved, your Spanish lawyer can make all the necessary verifications to ensure the property is free and clean of any debts or charges. If it is in a new development, your lawyer will ensure all the necessary licences and bank guarantees are in place.
Telephone: +34 952 833 169
The experts at Carlos Haering Lawyers will investigate and verify the situation of your property, analyse, review and draft up contracts, process your mortgage and other payments with your bank, and calculate the expenses and taxes that need to be paid.
Once you have acquired or transferred your property, they will take care of making the change of supplies – water, electricity, gas – in order to confirm that you will not receive any undue charge for these services in the future.
Telephone: +34 951 162 655
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Originally from UK, Laura is based in Axarquia and is a writer for the Euro Weekly News covering news and features.
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