Real Estate Department

Conveyancing

Once the buyer and seller have reached a price agreement, the Lawyers’ responsibilities are as follows:

Reservation 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 checking 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, etc.

Private purchase and sale contract. Once the legal investigation has been completed, a private purchase and sale 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 and sale contract a 10% of the agreed purchase price (minus the reservation fee paid beforehand) is usually paid.

Deed of Purchase and Sale – Title Deed. Once the deadline agreed in the private purchase and sale 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 information and documentation will be sent to the Notary’s office selected by the purchaser for the preparation of the deed of purchase and sale to be signed before the public Notary.

Subsequent formalities.
Payment of taxes : In Andalucia the property transfer tax (ITP) has to be paid, if the property purchased is second hand, ITP is currently 8% up to 400.000€, or you have to pay 10% VAT when buying a newly built property (NB Until 31/12/2021 the ITP is temporarily reduced to 7% of the total amount).
Registration : 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.

Others Services

• 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 purchase and sale 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.
• First occupation licenses.
• Inmatriculation of Properties.
• Changes of use.
• Segregation and regrouping of properties.
• Co-ownership. Termination of co-ownership.

Inheritance Law

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 origin of the deceased? What assets did the deceased have and will they be part of the estate? What value do we give to the assets? And will the heirs have to pay any inheritance tax in Andalucia 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.