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CONVEYANCING IN SPAIN

As solicitors specialised in Real Estate, the first recommendation for our foreign clients is to search legal advice when buying or selling a property in Spain. It is important to choose a Firm independent from any other services that you are using, to ensure that they are working in your best interest.

The solicitor will guide you through every step of your transaction. First of all, it is of the greatest importance to ask your solicitor to review any form of contract or agreement before signing it, either with the agent, the builder or the developer, in order to avoid unnecessary commissions, to lose any amounts paid and to prevent eventual problems with the legality of the property.

In general terms, we offer the following services related to conveyancing:

1. Comprehensive advice

We provide comprehensive advice before signing any contract with the agent, developer, builder or private owner. We will analyse the clauses and reply to any of your questions, intermediating and negotiating with the other party when necessary.

2. Contract

Since it is essential for you to fully understand all the binding terms and conditions, we draft agreements or any other documents in your own language (Reservation agreement, Purchase or Sale Agreement).

3. Checks regarding the property

  • We obtain an extract from the Land Registry, to make sure that there are no charges or debts attached to the property.
  • We contact the local authorities and obtain a certificate of building infractions, to make sure that there are no pending infractions.
  • We check that there are no debts related to the property: local taxes, previous owner’s bills, community charges
  • We obtain the Habitation Certificate (Cédula de habitabilidad in Spanish). This is a certificate that confirms that the property complies with the Council’s habitation requirements. This certificate is compulsory in Spain, it is sometimes required by the utility companies or for example if you wish to register your property for touristic rentals.

4. We provide comprehensive tax advice

We provide comprehensive tax advice: You will know from the beginning the breakdown of costs and taxes involved in the purchase / sale, so that you are fully aware of your obligations with the Spanish tax system.

5. Prior to the purchase

Prior to the purchase, you will know exactly the costs to pay, avoiding any additional unnecessary costs that the agent / developer / builder would try to charge you.

6. Completion in Spain takes place before Notary Public.

Completion in Spain takes place before Notary Public. We will prepare any necessary documentation and we will assist you on the day of signing the Deeds before Notary Public; our bilingual lawyers will make sure that you understand everything. After that, we will finish the process by registering the property in your name at the Land Registry.

Irrespective of the type of property you choose, either a brand new property, second hand or even if you decide to build it yourself, we can help you, we adapt our service to your needs.

Our team will keep you informed throughout the process, using the method of communication of your choice, emails, telephone or Skype. You will receive copies of all the documents at any time, and if you are unable to travel to Spain, we will act on your behalf by means of Power of Attorney.

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