Real Estate Department
This is one of our main areas of work in the firm, boosted by the importance of the real estate market in the province of Malaga, where we have positioned ourselves as a benchmark over the years. Within this area our usual services are:
Once the buyer and seller have reached a price agreement, the lawyer’s responsibilities are as follows:
Booking contract. We will check the estate agent’s reservation contract. This contract takes the property off the market during the legal investigation and with the signing usually a down payment is made.
Legal check of the property The most important task of the lawyer during the purchase process is to carry out the legal investigation of the urban or rustic property. This includes checks at the Land Registry, Cadastre, Town Hall, building permit, First Occupancy Licence, Town Planning, SWOT Certificate for properties on rustic land, Energy Certificate, Outstanding debts,…
Private purchase contract. Once the legal investigation has been completed, a private purchase contract is signed, which is drawn up by the lawyer. This contract contains the clauses for the final sale. With the signing of the private purchase contract a 10% of the agreed purchase price (minus the reservation fee paid beforehand) is usually paid.
Deed of Purchase and Sale – Title Deeds. Once the deadline agreed in the private purchase contract has been reached to complete the sale and purchase between the parties, all the necessary legal documentation will be compiled and all the necessary data and documentation will be sent to the notary’s office selected by the purchaser for the preparation of the deed of sale to be signed before the public notary.
Payment of taxes : In Andalusia the transfer tax, if the property purchased is second hand, ITP is currently 8% up to 400.000 €, or you have to pay 10% VAT/VAT when buying a newly built property. NB Until 31/12/2021 the ITP is temporarily reduced to 7% of the total amount).
Registrations : Registration of the property in the name of the new owners in the Land Registry and Cadastre.
Service contracts : Change of service contracts plus the corresponding direct debits for electricity, water, IBI, community of owners, etc.
- Comprehensive advice on the purchase and sale of property
- Assistance and advice on mortgage loans
- Legal cancellation of mortgage loans
- Legal checking of properties
- Drafting of private sale and purchase contracts and leases
- Preparation and assistance with signatures at notary’s offices
- All types of formalities at the Registry Office
- Legalisation and regularisation of dwellings on urbanisable and non-urbanisable (rustic) land.
- Declarations of new construction and modifications
- Land Registry-Cadastre Coordination
- Rectification of the surface area of properties
- Cadastral regularisations
- Building permits
- Licences of first occupation
- Inmatriculation of Properties
- Changes of use
- Segregation and regrouping of properties.
- Co-ownership. Condominium extinguishments
Is there a Spanish Will or a Will signed in another country? Which inheritance law applies, the Spanish law or the law of the country of the deceased? What assets did the deceased have and will they sign part of the estate? What value do we give to the assets? And will the heirs have to pay any inheritance tax in Andalusia or not?…As specialists in inheritance we provide answers to these and other related questions, always for the benefit of the heir, by means of the following services:
- Estate planning and wills
- Estate Investigation
- Declarations of heirs
- Inheritance and asset allocation
Nerja Office: +34 952 52 72 74
Fax: +34 952 59 72 02
Ctra. de Cártama, 32 bajo, ES-29120
Plaza Cavana 5, bajo, Nerja ES-29780