When it comes to buying a property in Spain, if you’re not an expert in the process, a real estate lawyer spain can help you avoid the most common mistakes and save you time and money. They can also advise you on the best type of property to buy and assist you in all aspects of your purchase. They can review the contracts and ensure they meet legal requirements. They can also explain the provisions of any agreements you sign and help you understand them if necessary. They can also check whether any documents are missing and make sure the purchase is complete.
When purchasing a property in Spain, you must be aware that there are some special laws and regulations that apply to foreigners. In addition, the country has different tax rules and fees for real estate transactions. A seasoned real estate lawyer can help you navigate these rules and laws, and ensure that your interests are protected throughout the process. They can also recommend the best way to finance your purchase, and help you choose a mortgage provider that offers competitive rates.
The real estate department at DLA Piper has a well-established practice in both domestic and cross-border real estate matters. The team regularly advises international investors, developers and funds on the full spectrum of real estate transactions. This includes sales and purchases of retail, office and hotel properties, as well as development projects, property investment loans, and real estate finance. The team also has experience in advising on joint ventures, real estate private equity deals and sale and leaseback transactions.
Before the final deed of sale is signed, your lawyer will carry out a thorough legal investigation of the property. This will include verification of the identity of the seller, inspection of land registry documentation and the features of the property. The lawyer will also look into whether the property has any outstanding debts or legal proceedings. It is also important to verify that the building complies with all applicable environmental laws.
In addition, your lawyer will prepare the draft of the final purchase deed and verify that it meets all legal requirements. Once everything has been approved by a notary, the sale will be complete. In addition, your lawyer will arrange for any taxes and expenses to be paid. This includes the VAT tax, the stamp duty (Impuesto de Actos Juridicos Documentados) and notary fees.
The most common form of ownership for real estate in Spain is absolute property, which grants the titleholder the right to transfer, use and encumber the property. It is possible to obtain other types of rights such as usufruct, which gives the owner the right to use the property for a specified period, but these are rarely used in real estate transactions. The purchase of a property in Spain must be registered at the Registro de la Propiedad in order to be valid. In some cases, it is possible to register the property in the name of a third party.