Buying a house in Spain
If you’re considering buying a house in Spain, it is important to know that the Spanish purchasing process is different from the majority of other European countries. The legal liability of the notary is very limited and, due to the decentralised bureaucratic structure, Spanish real estate legislation (transfers) can be pretty complex, especially in rural areas.
Purchasing a house, holiday home, apartment or other property is one of the biggest investments a person will make in their life, and the consequences of any legal problem can be serious. It is advisable, therefore, to hire an independent lawyer to carry out a legal investigation, which is of great importance.
Selling a house in Spain
Since there is a large amount of money at stake, for many, selling a Spanish property is a stressful experience. Times have changed, and today it is almost impossible to sell your Spanish property if “all of the legal requirements are not met”. This depends, of course, on the buyer’s lawyer. What is more, local, regional, national and international legislation is constantly changing and the Spanish bureaucratic structure is relatively complex. As a result, rectifying any administrative or legal problem can take quite some time, so it is advisable to stay one step ahead of buyers. A lawyer can take care of all the legal investigation for you, since they are a true specialist in real estate law (conveyancing). This also includes the processing of the DAFO certificate for rural estates.
In addition to the legal investigation, the lawyer also negotiates the important stipulations of sale with the buyer on behalf of their client. By way of a “power of attorney”, they can legally represent and defend their interests throughout the entire sales process. Based on their experience, they will do so in a professional manner, even if you are not in Spain during the process.
Together with the (lawyer of the) buyer, they will take care of the private purchase and sale agreement and the signing of the public deeds. Another advantage is that the attorney is able to take care of all kinds of financial, tax or bank-related matters such as mortgage redemptions, payments, withholdings and tax matters.
Development of new construction in Spain
When it comes to purchasing the development of new construction from a developer in Spain,
a lawyer can also take care of work that in other countries is carried out by the notary or real estate agent.
They check the legality of the property, possible debts of the developer
(such as existing mortgages or unpaid taxes), technical licences, bank guarantees, insurances, etc. Once our legal investigation is completed, the lawyer negotiates the conditions of the Private Purchase and Sale Agreement on behalf of the client.
What is more, they also take care of payments, provide tax advice, process your mortgage application and, once the purchase is finalised, your lawyer will take on all the necessary post-sale work. If you are planning on buying a newly developed property, hiring a specialist lawyer is even more important. This is due to the fact that purchasing a development requires additional work and checks alongside the normal legal investigation.
