Whether you are thinking of buying or selling a property, our lawyers and conveyancing experts in Spain can help you
Buying and selling a property is usually the biggest financial transaction we make. It is important not to leave it to chance and to take legal advice. At Albir Abogados we are proud of our reputation and customer care. Our aim is to make conveyancing in Spain as easy and problem-free as possible.
Buying a Property
We help you make the right decision. Our complete checking process includes:
Legal Status of the Property
We will check that the property you wish to buy is 100% legal.
Utilities and Taxes
We will make sure you are informed of all outstanding payments on utilities and taxes before the property is transferred to your name
We have regular contact with Valmesa (a leading property valuer in Spain). If you wish, within 24h an accredited surveyor could be visiting the property and checking it against 200 standards.
Supervision and writing of the private contract
Ensuring that your interests are taken care of in the contract.
Check of the property homeowners
Ensuring with Town Hall authorities that the property you wish to buy complies with the urban law and there are no outstanding infraction files or sanctions.
Confirmation of the survey information
Conducting a survey to check the physical condition of the property and its surroundings.
Verification of outstanding debts or building violations
Carrying out the corresponding searches on the property at the Land Registry, to confirm ownership of the same and possible registered charges.
Sometimes it´s convenient to ask for a bank guarantee so that we feel reassured about the payments we are going to make.
During the buying process:
1. Personal Assistance in obtaining NIE (Identification Number for Foreigners)
A NIE number is essential when you:
- Buy or sell a property in Spain
- Apply for a business permit
- Apply for a mortgage or any other type of loan.
- Open a bank account
- Pay your taxes
- Inherit assets in Spain
- Apply for a driving license in Spain or apply for an international driving license
- Carry out many other transactions in Spain.
Our service includes:
- Filling out application forms
- Submitting applications of the required documents in the corresponding National Police Station
- Collection of the certificates when ready
- Forwarding the document to the client by registered post
2. Signing of the Power of Attorney and completion before the notary
In case you are not able to come to Spain for the purchase deed appointment we can represent you at the notary. If your circumstances change after your last visit to Spain we can send you also a power draft to be signed in your own Country (official notary or Spanish consulate), saving you money and time.
3. Opening a Spanish Bank Account.
It will be necessary for the purchase.
4. Supervision of the Mortgage
Usually the seller has a mortgage on the property. If you were thinking of looking for some financing we can help you but, you should first check the subrogation conditions of the previous loan before asking for a new one. This could save you a lot of money.
5. Signing of the deeds
We will assist you at the notary, translating everything and checking that all the payments and legal paper work has been done in the right and legal way. Once again we will check, before signing:
- That the details in the land registry records are accurate (the official owners, debts held against the property construction history);
- That the certificate from the Cadastral Registry matches the property’s Title Deed, comparing the details in both registries to ensure that they are consistent
- That there is either a first occupation license/ habitation certificate or a second occupation license if the property is a resale
- Identifying whether the property has an Energy Performance Certificate or still requires one
- Confirming the legal status of home improvements e.g. have any additional rooms or extensions been officially recorded.
6. Supervision of the Mortgage
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7. Recording in the Property Registry and keeping the town hall informed
We will make sure that while we are waiting for the final official inscription, your property purchase is provisionally included on the property register just minutes after the signing of the deeds (escritura). This is basic for your legal protection. Aditionally we will inform the Town Hall that the seller has sold the property to you. They need to know this to charge him “plusvalía tax” (local tax increase value). This is an absolutely necessary legal step for us to have access to the Property Registry.
8. Management of all associated tax payments
We have thirty days to pay all of them free of penalty. We like to manage it as soon as possible because it is an essential legal step for the inscription.
9. Civil liability insuarence
We are lawyers. We are professionals.
After Sale Services
Your new life starts now. Enjoy it! Our administrative staff will take care of all these bureaucratic and unpleasant tasks on your behalf:
Utility companies: electricity, water, gas, telephone, etc.
Town hall – SUMA.
With your previous authorization, we will pick up your mail from your home every week, scan it, and send it to your email. The full process is done under the strictest professional secrecy.
Community of owners.
Whenever you apply for a mortgage the bank will oblige you to contract insurance. However, contrary to popular belief, you will be able to choose the company that you prefer. Anyway, even if you have no mortgage, we always recommend that you contract insurance to cover your biggest investment in Spain: your new home.
Selling a Property
Three reasons to trust our sales service:
Sale process totally supervised
Our lawyer’s team will provide you the maximum clarity and security during your property sale.
Guiding you every step of the way
We will manage every legal step for you solving all the problems that could arise at any moment of the selling process.
Kept informed all the time in your own language
Our team will report back to you in detail concerning the sale and, always, in your own language.
Drawing up the private contract.
Clarify to the prospective buyer any debts that may be owing on the property: contact the bank to cancel any remaining mortgages, taxes, community of owners, etc.
Ordering the second occupancy license if necessary.
Obtaining the certificate of no outstanding debts from the owner´s community for the signing of the deeds at the notary on your behalf.
During the Sale
Signing of the contract
Signing of the deed either in person or by power of attorney
Management of all tax payments associated with the sale
Organizing the mortgage cancellation before a notary
We will be by your side throughout the notary process
Organizing the signing at the notary and methods of payment
Detailed translation of the signing of the deed before a notary
Cancellation of bank accounts by power of attorney if necessary
Securing the 3% tax retention/deduction return where it has
been improperly withheld (in case of improper withholding).
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