• PROPERTY CONVEYANCING

    Buying property:
  • We are available to offer advice to non-residents and residents alike on purchasing freehold property in Spain. Once you find the property that you are interested in purchasing you should always consult a legal adviser specialising in Spanish property before leaving a deposit with the building company or private vendor. On receiving details of the property in question we would usually do the following:

  • New property – from builder:
    • Request copies of all of the relevant paperwork to ensure that the development is legal and all of the necessary licenses were obtained before commencing the construction work.

    • Check that there are no outstanding debts on the property – unpaid taxes or mortgages.

    • Check the content of the sale and purchase contract, explaining all relevant points and ensuring that the rights of the purchaser are protected.

  • Request copies of all of the paperwork associated with the property you wish to purchase, i.e. title deeds, local rates, utility bills, community charges, etc to check that everything has been paid up to date, that there are no outstanding debts on the property and that the vendor is the rightful owner of the property they are selling.
  • Draw up a private sale and purchase contract between the vendor and the purchaser if necessary. In the case that this has already been drafted by the vendor party we will review the content of the contract to ensure that your interests are protected.
  • In all cases, once the contract has been signed and the deposit paid we would usually be involved in the following up until the execution of the title deed before a notary public when ownership of the property is transferred:
    • We will be able to assist you in obtaining an NIE (tax identification number) which is obligatory in Spain, and is necessary for almost any transaction in Spain which involves paying taxes through Spanish tax authorities. This should preferably be applied for prior to your completion visit to Spain.
    • You can send any interim payments to our client holding account and we will transfer the money to the builder on the due date and request a bank guarantee where necessary.
    • When you have been advised that your property is ready for completion we will contact the builder and ask them for a final balance statement of any monies outstanding. We will prepare this and send you a breakdown of what you have to pay and how.
    • We will make the necessary arrangements with the builder or the vendor for you to sign the title deeds to your property before a notary public and be with you to translate the title deeds and any other important legal paperwork.
    • Should you require a mortgage, we will liaise with your bank to ensure that all is in place for you to proceed with the signing at the notary.
    • We are able to arrange for you to sign a Power of Attorney which will enable us to act on your behalf without you having to travel to Spain in order to finalise the purchase of your property.
    • We can advise you on making a Spanish will, to dispose of your property/assets in Spain. This can be signed prior to completion or alternatively we can arrange for you to sign this at the same time as your title deeds or afterwards.
  • Once you have signed for your property, should you have opted to purchase the property without a mortgage then we will carry out the following as part of our conveyancing service:
    • Changing the names on the water/electricity bills and local rates – setting up new direct debits.
    • Pay your notary fees and collect your title deeds from the notary.
    • Pay the stamp duty due on your property.
    • Have your title deeds delivered to the Land Registry in the relevant area for your property to be inscribed in the property register.
    • Send you a letter to confirm once all of the above has been completed and advise you to make an appointment to collect your original documents by previous appointment.

  • Selling property:
  • Once you have found a purchaser for your property you are required to provide us with copies of your most recent utility bills, contact details for the community of owners and your last receipt to prove that you paid your local rates. If we have not previously represented you in the purchase of your property then we will also require a copy of your title deeds.The service we provide to assist you in the sale of your property includes the following:
    • Liaising with purchasers’ solicitor.
    • Checking that there are no debts/unpaid bills on your property.
    • Arranging a signing date with the buyers’ solicitor & notary public.
    • Should you have a mortgage – arranging for the bank to attend the notary to cancel the mortgage on the day of the signing.
    • Attending the notary with you to translate the deeds before you eventually sign the property over to the new owners.
    • Ensure that correct monies are paid to you as the vendors.
  • If you require further information on any of the above then please contact us.

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