CONSULTATION: I bought an old property (villa), and after completion damp and leaks problems appeared. Could I legally claim against the selle,r asking for him to repair or pay the cost to repair these defects? Dear Reader, Thank you for your enquiry. In principle, the answer should be YES. You should be able to claim […]
CONVEYANCING: buying, selling, letting, planning permission, etc.
Real estate law in Spain. Buying and Selling a real estate property. Transmissions. Building licences. Large investors.
Purchase, sale, gift a property, drafting and negotiate a good letting contract, update the Land Registry and the Catastro description of a property, apply for the needed building permits, are all important actions that need to be carefully studied in order to guarantee the needs and interests of the client. In our Real estate law in Spain department, we can advise you on these sections.
Purchase of real estate in Spain
When you want to buy a property in Spain, you must be properly advised. It is essential to know the applicable regulations, before deciding to buy a property.
Among the services that we provide as lawyers in White Baos, is the realisation of a legal due diligence on properties.
After which, you will be able to know the legal situation of the property. From the situation in the Land registry, cadastre, planning, etc.
Likewise, legal advice is essential when negotiating the clauses of a sales contract.
Likewise, taking into account the circumstances of the case, it may be interesting to acquire the property personally, or through a company, etc.
There will also be times when the purchase could be subject to different taxes. Thus, we may be more interested in paying VAT or Patrimonial Transmissions, etc.
Due to the importance that the purchase of a property always has, legal advice is essential, to avoid unnecessary risks.
Sale of real estate in Spain
Likewise, when we are going to sell a property in Spain, it is advisable to have expert legal advice.
Thus, when our clients are sellers, their interests are different than when they are buyers. So the negotiation and drafting of the sales contracts, and the mediation contract with the real estate agency, are essential.
Our office can also do a prior due diligence of your property to know its legal situation. And so, put it up for sale in a proper way.
Property transfer in Spain
There are many occasions in which our clients ask us for help to transfer a property.
Sometimes, they want you to transfer the property to a family member, or a friend. In these cases, it is essential to study the circumstances of the specific case. And thus, to be able to determine the most effective way from the legal and tax point of view, to transfer it.
It can be through a donation, a sale, an inheritance, etc.
Our law firm can inform you, about the options and expenses. So you can decide, which is the right way in your case.
Letting agreements
In Spain, the regulations that regulate lettings are constantly changed. Knowing the applicable law and its interpretation is essential when negotiating and drafting a letting contract. In order to have our rights protected.
Many clients are unaware that, for example, according to Spanish law, the tenant may have the right to extend the contract up to a minimum duration. All this, even if a different duration has been agreed in the contract. This occurs on letting for properties to be used as a main home.
Our law firm can advise you on your letting contract. Whether you are a landlord or a tenant.
Legal advice for large investors
When it comes to large investors, legal advice is different.
In these cases, a pre legal due diligence of the investment must be carried out.
The constitution and administration of the real estate company.
Optimisation and tax advice on the operation.
Project management, etc.
Our service of real estate law in Spain
As specialist lawyers we can advise you in relation to all these matters, also and especially at the judicial level, in the event of a legal dispute.
If you want expert legal advice on this matter, do not hesitate to contact us.
You may be interested in the following services:
Buying property commercial and residential in Spain
Selling property commercial and residential (in Spain and the UK)
Transfers & Gifts of Legal Title in Spain
Legal services of White Baos Lawyers for large investors.
Latest Articles and Real Cases Related
In this section we publish legal articles and real court cases of your law firm. Consult your doubts in our database
Changes on the Spanish Urban Lettings Law. What you need to know if you let or rent a property as landlord (lessor) or tenant (lessee) in Spain
Dear readers, The Spanish Law 29/1994 for Urban Lettings ( LAU), which is the principal law ruling tenancy agreements in Spain, has been modified this month. From all the changes, we would like to highlight the following: 1.- Rental or tenancy agreements inscription on the Land Registry. Article 7 of this LAU, has been changed. […]
The Town hall refused to grant the occupation license and habitability certificate for my house and we cannot get water and electricity supply. What can we do?
CONSULTATION: Dear lawyers, We have built a property in La Marina Alta (Alicante) in accordance with the building or construction license granted by the Town Hall. But now, this same city council refuses to give us the occupation license or habitability certificate, saying that we should have paid or transferred to them some land as […]