Given the economic magnitude of the purchase and sale of a property and the various problems that can arise, it is imperative to act with the utmost diligence and caution.
In this context, the intervention of a lawyer specialized in real estate laws is of fundamental importance. At Posada Lawyers, we provide comprehensive legal advice and assistance throughout the entire acquisition process.
It is important to note that although the purchase of a property is a single transaction, it is subject to slight modifications depending on: whether the buyer will attend the purchase of the property or delegate it to his lawyer, whether the buyer and/or seller are tax residents, whether it is a new construction, etc.
Thus, if a foreigner wants to buy a property, the steps are as follows:
Review and/or drafting of the different contracts involved in the purchase process (reservation, deposit, deed, mortgage loan). The client must inform us of any commitment acquired with the other party in order to correctly reflect it in the various contracts.
The purchase process ends with the signing of the deed before the notary by the buyer and seller. Our clients are accompanied by us throughout the signing process, supervising, explaining and translating the documents.
We have found that clients appreciate the fact that they feel supported by Posada Lawyers at this time. In the event that the client is unable to attend the signing of the deed, we could attend to sign on their behalf. Always with a power of attorney that would allow us to do so.
There are several taxes involved in the purchase of a property (VAT, ITP, IRNR, Plusvalia, etc.). This is an important cost that must be taken into account by the buyer.
Buying a property ‘off-plan’ is buying a property that has not yet been built or is in the process of being built.
Although there are several advantages to buying a property off plan (price savings, ‘personalization of the property’, in principle better quality and more energy efficient, guarantees in accordance with the law, etc.), this option is not without risks: delays in the delivery of the property, financial problems of the development, variations between the plans of the property and the reality, etc.
It is therefore very important to thoroughly review the contract, which should detail the delivery period, guarantees, payment schedule, penalties, etc.
It is advisable to know the economic and technical solvency of the developer and the builder, the legal situation of the plot with all the necessary permits and to demand the financial guarantee.
Although the lease contract is governed by party autonomy, it is no less true that there are a good number of articles that imperatively regulate the future of the contract.
There are rules that are obligatory, others that cannot be used if they are not included in the rental contract, and others that, despite having been agreed by the parties, will be considered null and void if they are detrimental to the tenant.
Following the latest changes in the field of urban leases, it is almost obligatory to have a lawyer specializing in rental contracts to advise and try to minimize the risks involved in this operation.
In relation to foreign landlords who wish to invest in the rental market, it is important to note that Spanish regulations greatly protect tenants from landlords, so it is essential to take this variable into account when investing.
Dwellings for tourist use are those equipped in conditions of immediate use, located in properties where the service of tourist accommodation is to be offered for a price on a regular basis.
These rentals have become a source of financing for many families in recent years, but due to the overwhelming growth of these rentals, local, regional and state administrations are increasingly regulating their use, with each municipality having different requirements for obtaining a license.
On the other hand, not all dwellings can be rented as tourist flats and most of them have to be adapted to meet the different requirements and services.
From our lawyers office located in Marbella – Malaga, we provide comprehensive advice to our clients in order to understand, comply and adapt the property for its registration in the Andalusian Tourism Register and to obtain the license.
The legislative changes that have occurred in Spain in recent years impose the need to hire an expert lawyer in rentals / evictions. As experts in leases and evictions at Posada Lawyers we will accompany you throughout the eviction process suggesting the best alternative in your specific case.
Having worked in the construction and property development sector, we can provide a comprehensive service to property developers and self-developers. There are many problems that can arise before, during and after the construction of the building: it is therefore necessary to identify who the building agents are, what their responsibilities and guarantees are.
On the other hand, the relationship with the administration and obtaining the relevant licenses, with supply companies, drafting/reviewing contracts, work certifications, termination of contracts, claims for defects or flaws in construction.
Being part of a community of owners entails a series of rights and obligations. The Horizontal Property Law regulates these relations between the owners of the same community.
The fundamental characteristic of horizontal property is that each owner owns a part of the property on a private basis and at the same time is co-owner of the common elements of that community.
There are many problems that arise when living in a community, such as the alteration of common elements, unauthorized building work, noise, change of dwelling to premises or vice versa, animals, delinquent neighbours.
From our lawyers office in Marbella we advise communities of neighbours, administrators and individuals in the problems of the horizontal division or community of goods giving a professional service to solve any problem or legal doubt.
Our competence covers subjects such as: