REAL ESTATE

Residential and commercial conveyancing

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Spanish Conveyancing

We are experienced in handling the purchase, sale or mortgage of property in Spain: plots of land, farms, villas, apartments, town houses, investment properties, whether re-sale or properties in the process of construction.
We can also negotiate, advise and represent you in respect of any building contracts if you choose to build your own house.
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Work we undertake

  • Checking that title is registered in the seller’s name free of any mortgages or charges.
  • Ensuring that all necessary bank guarantees (against the risk of builder’s insolvency), building licenses, certificates of habitation and any other necessary paperwork are in order.
  • Drafting the contract or advising on the terms of a contract provided by the other party.
  • Preparing a full report in plain English before purchasers commit themselves.
  • Advising on the taxes and expenses payable on purchase and also in respect of fiscal obligations which buyers may have in respect of monies paid to a non resident seller.
  • Dealing with the registration of title.
  • When acting for seller, ensuring the seller receives the agreed sale price and any refunds from the Spanish tax authorities
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Choosing a property

When choosing a property it is important to consider whether it will be used as a holiday home, retirement home or permanent residence.
Depending on this it will be important to establish what amenities there are both on site (if buying on a development) and in the neighbouring area. In certain cases, access to health care, availability of public transport, or distance form an international airport may be a consideration.
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Financing the purchase

Equity release by remortgage or obtaining a further advance on your main residence. This option does not involve Spain and is a matter arranged with your lenders at home. In this case the property in Spain would in effect be free of mortgages as the finance is secured in your home country.
The second option is to apply for a Mortgage with a Spanish Lending institution, in which case the Spanish property would be valued and ultimately the loan secured on the property in Spain.
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Enquiries and Searches

Before the main contract is signed and a full deposit paid, it is essential to complete all searches and legal enquiries. These investigations achieve several objectives:
  • Land registry searches confirm that the sellers own the property being sold.
  • They confirm whether or not there are mortgages or other charges registered against the title.
  • Drafting the contract or advising on the terms of a contract provided by the other party.
  • Further general enquiries ensure that all planning consents are in order and that no other debts are outstanding against the property.
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Completion

The transferring of legal ownership on completion of the purchase takes place in a Notario’s office. The Notario (Notary Public) is a public official who has been appointed to perform certain legal duties in the district. He will prepare the conveyance document (“Escritura de Compraventa”).

Guides on buying new property:

See also: