Real Estate Law
Our law firm assists you with all matters relating to your property in Spain. Regarding the purchase of real estate, we not only handle the entire purchase process with sellers, notaries, Land Registry, etc., but also provide you with a legal and tax review of the property beforehand.
- Due diligence before purchase.
- Handling of the real estate purchase process.
- Personal use of the property.
- Rental of your property.
As Spanish tax advisors, after the purchase we not only handle the filing of the relevant tax returns for you, but also represent you before the Spanish Tax Authorities through our firm as your appointed tax advisors. Through this appointment, we receive all relevant notifications electronically at our law firm and can directly represent you in all matters.
In this section you will find detailed information about the different aspects of property ownership as well as our service agreements.
1. Legal Due Diligence
Through the due diligence process, a risk assessment carried out with "due care and diligence", we analyse the legal situation of the property as well as the associated risks. This prior analysis plays an important role both in determining the value of the property and in legally protecting the buyer.
Our law firm not only handles the purchase process with sellers, notaries, Land Registry, etc., but also offers you this highly important legal review of the property in advance.
The obtaining of an updated Land Registry extract and the current cadastral graphic description is included.
Our services include:
- Includes the legal review of the property regarding the current owners and sellers.
- Review of possible registered rights in rem, such as mortgages, easements or construction restrictions.
- Verification of the consistency between the Land Registry information and the information provided by the Cadastre (Land Registry extract included).
- Obtaining a certificate from the sellers confirming that there are no legal proceedings affecting them or the property.
- Obtaining a certificate regarding any outstanding debts with the homeowners' association.
- Includes a final written summary of the results as well as a telephone or personal meeting to discuss the conclusions.
2. Real Estate Purchase
Especially when purchasing real estate, it is essential to have an independent expert by your side who, unlike sellers or real estate agents, has no direct interest in the transaction.
Our law firm not only reviews or prepares the purchase agreement for you, but also represents and advises you throughout all important stages of the real estate acquisition process, such as negotiations with sellers, the notarial appointment, registration with the Land Registry and the Cadastre, etc.
Whether negotiations and administrative procedures take place in Spanish, English or German is of less importance to you, as we always provide advice in German and, upon request, provide translations of all relevant documents.
Our services include:
- If applicable, assistance with obtaining the N.I.E. required for the purchase.
- Legal review or preparation of the bilingual purchase agreement, including negotiations with the sellers.
- Preparation and drafting of the notarial purchase deed and, if required, attendance at the notary appointment.
- Filing of the tax return for payment of the Property Transfer Tax when the property is located in Andalusia.
- Filing of the tax return relating to withholding obligations when purchasing from non-residents.
- Negotiations with sellers, notaries and the Land Registry within the province of Málaga included.
3. Rental
Holiday homes and holiday apartments
Our law firm not only analyses the licence requirements applicable to your property, advises you and assists you with the application process, but also supports you with all further steps, prepares the rental agreement, the "Hoja de registro" and all documents required for the rental activity, and can also file the corresponding tax returns on your behalf.
Our services:
- Advice and analysis of the required licence.
- Application for licences or the "Declaración responsable".
- Tax advice and filing of the corresponding tax returns.
- Preparation of bilingual rental agreements.
- Handling of registrations with the police and administrative authorities (holiday rentals).
- Detailed information in German regarding requirements and administrative procedures.
Commercial and residential rentals
If you intend to rent your property to entrepreneurs or companies, we handle the process for you, including the preparation or review of the rental agreement in Spanish, German or English. Upon request, we can also file the corresponding income tax and VAT returns related to the rental activity.
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