Whether buying, selling or relocating our dedicated Real Estate Legal Services ensure you have complete peace of mind, open communication and a friendly yet professional approach throughout your property journey.
From drafting contracts, to completing the necessary local searches or representing you when you can’t be present yourself, we take care of both the legal and practical aspects of property conveyancing in Spain.
Buying Property in Spain
Now that you have found the perfect property to purchase on the Costa del Sol, it’s time to get your legal representation in place. Whether you are buying a brand-new development or purchasing a resale property, Spanish administration and conveyancing can be a real maze. Let us help you make things easy!
We guide you from the moment you are ready to put down a deposit. We will review the terms of the reservation documentation, so that you are fully aware of the conditions of sale before signing the title deed at the notary.
We request and revise all the necessary documentation in liaison with the selling party to ensure complete due diligence. We make sure that the property is debt free at the land registry to avoid any risk to you as the new owner. We will handle any negotiations with the vendors lawyer to ensure that you take on the property completely free of charge, without any encumbrances or hidden costs. We check that the property has the necessary permits and is built in accordance with the construction plan of that area with the local town hall.
We will advise on how to buy the property to maximise your tax efficiency. We consider whether it is best for you to buy the property in your own name, as joint owners or for example in the name of a (foreign) company. After both parties have reviewed the contract, and with your express approval, we make an appointment with the selling party to sign the contract.
Aside from covering the legal side of the purchase, we will also handle the practical arrangements, so you are able to move straight in without a hitch. This can include arranging the individual utility contracts, WiFi, insurance, setting up the direct debits for local taxes and applying for your Spanish NIE number. We can also assist you opening a Spanish bank account and arrange finance for your property should you need it from a range of mortgage lenders.
This means everything is taken care of and you can relax and focus on one thing. Enjoying your time in Spain.
Buying a property? Speak to us! ➞
Selling Property in Spain
When selling a property in Spain, you want the reassurance that the sale will go ahead without delays, problems or of course completely falling through. These problems can be avoided when you have the right legal assistance from the beginning of the process to ensure you don’t lose any precious time or money.
Firstly, we will review the reservation contract on your behalf to ensure that you are protected from any non-compliance from the buying party. We will also run our own due diligence to ensure that the purchaser is financially able to proceed.
We will supply all the necessary paperwork to the buyers lawyers, so they are also able to complete the due diligence of behalf of their clients and keep the buying process progressing at pace. If there are any certificates, licenses or documents needed from the buyers side, we will request them from the relevant authorities as part of our service.
If you are unable to be present in Spain during this time, we can arrange a Power of Attorney, so that we are able to act on your behalf, with your authorisation. This means, that we can go ahead and sign deeds at the notary to complete on the sale in your absence.
Another important aspect to consider when selling your property is your tax liability.
This is a local tax paid to the town hall where your property is located. The value of this tax is calculated based on the size of the property, the number of years you have owned it and any changes in market value during this time.
Capital Gains Tax
This is a national tax, which needs to be paid as an advance on a possible capital gain that you may have made between the purchase and sale of your property.
As a non-resident on the day of the title deed you are obliged to automatically pay 3% of the sales price which will be retained by the buyers lawyer. In the case you make a loss on your sale, we can set in motion a process to recuperate the retention of this 3%, otherwise it will be deducted from any capital gains liability.
Speak to us about selling your property ➞