Real Estate

We aim to provide superb service at a realistic price.

PURCHASE OF REAL ESTATE

We offer an excellent service at very reasonable prices.

If you are planning to purchase a house, a plot of land or any kind of commercial property in Spain, the first move you should make is to contact a Spanish solicitor, an independent professional who will protect your interests and make the transaction trouble free. Choosing your solicitor is very important and it is worth finding one who you feel comfortable with, as regards both service and price. It is essential to take advice.

Buying a home in Spain on your own can be a complicated and confusing process for those who are not Spanish speaking, involving unfamiliar legal transactions and large sums of money. There is also a significant amount of legal work involved to ensure the transaction is made safely, and complies with all Spanish legal & tax regulations.

Whether or not you are a first time buyer in Spain, it is vital that you contact a spanish solicitor as soon as you start looking. There are many aspects that should be checked in advance and it takes some time. After you have chosen a property, we can help you step by step through the whole process and ensure you get a good title to the property.

Tax in Spain

We understand that your house in Spain will probably be one of the biggest financial commitments you will ever have, and accept the responsibility of making sure your purchase is looked after properly, and that your interests are protected. We have much experience in advising clients from abroad who want to purchase a property in Spain and we are committed to making your property experience in Spain straightforward by providing you with access to high quality information and professional guidance.

All our solicitors speak english and have the experience and ability to guide you through one of the biggest decisions you will ever make while ensuring that you understand the process clearly in your own language.

If you contact us, we will explain the procedures involved, advice on mortgages and all matters which may be relevant to your particular purchase or circumstance. We will also guide you through the complexities of the procedure and advise on the importance of such matters as:

  • Checking the Land Registry files to ensure that there are no charges or encumbrances on the property and that there is a clear Title Deed.
  • Taxes to be paid in your particular case: (VAT 10 % and Stamp Duty 1,5 % on the purchase deed for new properties, Transfer Tax 8 % for re-sale properties, VAT 21 % and Stamp Duty 1,5 % for Plots of Land and Commercial properties, Plusvalia Tax, etc).
  • Taxes to be paid in the future for having the property (IBI rates, Income Tax, Wealth Tax).
  • The main outlays and costs to be paid (Notary and Land Registry fees, legal fees, etc).
  • Requirements to be an owner of a property in Spain (having a Fiscal Identification NumberNIE, open a Bank Account with a Spanish Bank, fiscal representation in Spain, etc.).
  • Community rules and charges, services to the property (water, electricity, telephone, etc).

If you decide to put in our hands your transaction, we will:

  1. Make relevant searches to establish, for instance, that there are no judgements affecting the property, no mortgages, no orders against the vendor, no charges or no adverse registrations pending against the property.
  2. Negotiate with the seller or his solicitor on payments, supplies of the property, IBI Tax, Plusvalia, etc.
  3. Inform the Bank of Spain on your inversion in Real Estate.
  4. Make all payments to the seller through your own account or through our client account, and arrange with the Bank the appropriate certificates of investment in real estate which are necessary for purchasing a property in Spain.
  5. Keep you fully informed of the conveyance process as it proceeds.
  6. Assist you at the Notary office when you sign the Purchase Title Deed or sign it on your behalf if you cannot be in Spain for the completion.
  7. Deal with all the paperwork, pay taxes on the transaction and register you as the new owner of the property in the Land Registry.

We share a wealth of experience in dealing with property matters of all types and can deal quickly and professionally with you and your transaction.

Our standard fee for carrying out this type of work is 1% of the purchase price (including 21 % VAT).

For further information on our purchase of real estate service, please do not hesitate to contact us at any of our 5 offices. We will be pleased to study your particular case and help you to make a trouble free purchase.

SALE OF REAL ESTATE

We aim to provide superb service at a realistic price

If you are planning to sell a house, a plot of land or any kind of commercial property in Spain, the first move you should make is to contact a Spanish solicitor, an independent professional who will protect your interests and make the transaction trouble free. It is essential to take advice in order to minimise Capital Gain Tax and submit the right Tax returns.

If you are considering selling your house or any other kind of real estate in Spain, it will pay you to contact us from the outset.

If you decide to contact us, we can:

  1. Recommend a suitable estate agent to market your property. We can help you to find an established, experienced and professional real estate agent avoiding excessive commissions.
  2. Discuss and advise on the recommendations of the agent as to price and marketing.
  3. Offer advice on the merits of appointing one or more agents.
  4. Prepare all relevant documents and deeds that the buyer will need. Delays could prejudice and hinder the sale.
  5. Explain the procedure involved and Tax implication of the sale such as Capital Gains Tax.
  6. Help you to fulfil your Tax liabilities for the sale.
  7. Assist you before the Public Notary or act on your behalf if you cannot be in Spain to complete the sale.

We share a wealth of experience in dealing with the sale of properties of all types and can deal quickly and professionally with you and your transaction.

Our standard fee for carrying out this type of work is 1% of the sale price (including 21% VAT).

For assistance with the sale of your property please do not hesitate to contact us at one of our offices or via email. We will be pleased to study your particular case and help you to make a trouble free sale.

SUMMARY OF THE CONVEYANCING PROCESS

Making the right moves makes the process safe and straightforward

For those of you that have not bought or sold a property in Spain before, here is a summary of the process from a practical and legal point of view.

If you are purchasing,

Full information on the property must be obtained from the seller’s solicitors (Title Deeds, official number of the property at the Land Registry, Local Tax receipts paid, suppliers receipts, etc.). It is also necessary to carry out searches to establish whether or not there are charges or any public works affecting the property (such as motorway schemes) and whether there are any planning restrictions in the same way you would in your country.

After receiving the contract from the seller’s solicitors, the documentation is checked. On exchange of contracts, the purchaser will be asked to pay a pre-agreed deposit (normally 10% of the price) and a completion date is agreed.

On the completion date, Purchase Title Deeds will be signed before a Public Notary and the full purchase price is settled. After that, your solicitor will arrange payment of taxes (VAT and stamp duty or Transfer tax) and register your ownership at the Land Registry.

If you are selling,

You will need to provide full information regarding title deeds on the property to your buyer’s solicitors. The Title Deeds are proof of ownership of your property. Delays sometimes occur if there are any outstanding problems or enquiries. Such delays can be minimised using a solicitor who will provide effective communication and keep informed all parties involved on the proceedings. Your solicitor will keep you informed at every stage of your transaction.

On the day of completion, the full purchase price is settled and ownership transferred to your purchaser.

If you have any doubts or questions please do not hesitate to contact us. We will be pleased to provide you with a full written explanation of the conveyancing process in Spain, including payments that have to be made, such as Notary fees, Land registry fees, taxes, searches, legal fees, etc

For further information on our conveyancing service, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to make a trouble free transaction.

CONSTRUCTING YOUR OWN VILLA

Our aim is keep our clients 100% satisfied.

Taking a cross-border initiative such as building your own house can be a daunting experience. The right guidance is vital. We can steer you through the maze of Spanish Laws and regulations, give you access to the right people and help avoid misunderstandings.

Such guidance is an essential requirement for building your house in Spain and we can offer a comprehensive service to all our clients who want to build their own dream houses. We will assist you from the first working drawings to the completion and declaration of New Building Title Deed.

Due to our knowledge of local areas, surveyors, architects, real estate companies, builders, etc. we can promise that your building project will be managed seriously and professionally from conception to completion. We will control all professionals involved in your building project to ensure your new house is delivered on programme, to your requirements and within budget.

If you decide to contact us, we can:

  1. Explain in simple terms the construction procedures of a house in Spain.
  2. Help you with the legal process of constructing your villa, from the purchase of a Plot of Land to the registration of the new Title Deed in the Land Registry.
  3. Assist and advise in obtaining all relevant documentation to ensure every aspect adheres to the legal requirements. We will take the responsibility to ensure that all legal requirements of the new house have been completed.
  4. Advice on preparation, drafting and submission of tenders and negotiation of contracts, covering the responsibility for latent and inherent defects.
  5. Represent you before the Local authorities to get a building licence, etc.
  6. Recommend and introduce you to the best reputable architects and builders of the area.
  7. Advice you on the appointment of contractors and other professionals.
  8. Contact local banks if finance for the construction is required and arrange the most suitable mortgage for your circumstances.
  9. Advice on bonds and guarantees for all types of constructions.
  10. To sum up, we will assist you to make your construction hassle free and give you peace of mind.

For further information please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help your dream villa come true. It costs you nothing to talk to us!

TENANCY & RENTAL MATTERS

One of the most delicate parts of the Spanish Law

Whether you are a landlord or tenant, not requesting professional legal advice when you are going to sign a written rental contract or agreement concerning residential or commercial property, can cause serious problems to you in the future.

This is one of the most delicate parts of the Spanish Law and, therefore, before signing any document the right guidance and advice is vital.

Oral agreements are legally valid in Spain but we strongly recommend you have a written lease that includes appropriate clauses to protect your interests.

Although the Spanish Law governs the rights and responsibilities of tenants and landlords, the Law allows them to establish special clauses and terms in these rental contracts.

There are many points that must be clearly detailed. A part of the contract specifies the name of the landlord and the tenant, the location of the property, the duration of the lease and the due date and amount of rental payment, the agreement can include any other legal provisions to which both parties agree, such as:

  • Warranty of habitability. Landlord must provide a safe and sanitary place for tenants. Landlord can be required to provide fire extinguishers and such fixtures as ovens, refrigerators, sinks, etc.
  • How communications and notifications of agreements, problems or understandings between landlord and tenant will be resolved.
  • What happens when repairs legally required are not made by landlord or tenant.
  • When and how much can the landlord increase the rent.
  • Who has the maintenance responsibility.
  • Guidelines for any repairs to the house.
  • It is possible to sub-let the property?.
  • Penalties for breaking the lease by the tenant or landlord.
  • The possibility that landlords or tenants have of passing their rights and obligations to another person.
  • Who pays community rates and IBI local property taxes ?

Before signing, please let us read the lease carefully and suggest deleting or changing any clauses that in our opinion severely limit your rights or can prejudice you in the future. We, as solicitors, know the Spanish Law and can also draw up a new lease proposal that fits your interests and ask the other party to the contract to sign it. Let us use our knowledge to protect your interests.

Our standard fee for preparing, revising and negotiating normal residential rental contracts is 300 Euros. For commercial property rental contracts we can not quote on legal fees in advance as they will depend on the complexity of the document to be signed.

To avoid any potential problems with tenants let us be your guide and you will save time and money.

For further information on our rental service, please do not hesitate to contact us. We will be pleased to study your particular case and help you to sign a trouble free rental agreement.

MORTGAGES, LOANS & REFINANCES

Let us find the finance you need

If you need to borrow in order to purchase a property in Spain, there are a number of ways we may be able to help. Whatever your requirements, contact us and we will be happy to advise you on the best way of borrowing the money you need.

We have the experience and ability to advise and guide you through one of the biggest decisions you will ever make.

Should you already have a mortgage, have financial problems and cannot afford the mortgage payments we can help you to talk to your bank and try to re-negotiate and refinance your mortgage clauses by agreeing a period of interest-only payments, give the property back to the bank, improve your financial conditions, etc.

We deal with the most respected Spanish Banks for mortgages (SOLBANK, HALIFAX, CAJA DUERO, BARCLAYS, SANTANDER, BBVA and SABADELL ATLANTICO) and can make it easier for you to negotiate and choose a mortgage that suits your personal needs and circumstances. If you decide to contact us, we can:

  • Speak on your behalf to local Spanish banks.
  • Negotiate the best Interest Rate & financial conditions.
  • Advice on how much you can borrow.
  • Help you to complete your mortgage application form and take out your mortgage in Spain.
  • Arrange a valuation/survey of your property.
  • Prepare the Mortgage Title Deed and assist you when you sign it before the Public Notary.
  • Explain taxes involved (1.5 % Stamp Duty on the mortgage deed) and other costs on the mortgage (bank charges, set up commission, etc.).
  • Assist you with the discharge of your mortgage.
  • Help you to re-negotiate or refinance your mortgage conditions.

For further information on our mortgage service, please do not hesitate to contact us. We will be pleased to study your particular case and help you to borrow the money you need.

INHERITANCE OF REAL ESTATE

Inheritance Deeds are required to be signed in order to transfer legal ownership of Real Estate Properties.

The inheritance of real estate properties is something that all families have to deal with. When a relative dies, and they own property or assets within Spain, it will be neccesary to deal with the estate and file the paperwork involved with the appropiate authorities.

Unfortunately, the transfer of legal ownership of real estate properties from the person who died to their relatives is not automatically done; Inheritance deeds must be signed by heirs and also inheritance taxes will have to be paid. Therefore, it is essential to have the right legal and tax advice in order to arrange everything correctly and try to avoid or minimize these inheritance taxes.

In the Spanish legal system, there are rules governing the distribution of property after death. There are two different types of successions:

  1. Testate Succession which arises when the deceased person has expressed his wishes in the form of a will.
  2. Intestate Succession which arises when a person dies intestate. In this case, the statutory law rules will govern the distribution of the intestates’ estates upon the assumption that people who die intestate would have wished to make provision for beneficiaries. Because they did not make these important decisions while they were capable, these decisions are left up to personal national Law. They could have their property distributed in a way that goes against their wishes.

In Spain, the acceptance of inheritance must be made by the heirs in the presence of a Public Notary who will keep in his file the original documents and will ensure that the persons who receive the assets are the ones who have legal rights to do so.

Should you have a relative who died and was the owner of a real estate property in Spain and you wish to receive the inheritance, please note that it will be necessary to arrange quite complicated paperwork.

If you decide to contact us, we can:

  • Advice and guide you in preparing or accepting your Inheritance in Spain.
  • Help you to arrange and collect all required legal documents (true copy of will, certificate on last will signed, death certificate, land registry information, application of Tax NIE numbers for heirs, Town Hall information on the property, etc.)
  • Give advice on Inheritance Tax, and explain the whole procedure for the distribution of the estate.
  • Assist you at the Notary Office when you sign your Inheritance deeds.
  • Help you to receive and register in your name the real estate properties, and arrange Spanish inheritance deeds where a relative has died with or without having a will.
  • Advise you on Inheritance Tax planning and if necessary on the creation and administration of Trusts.

Our legal fees for assisting you to receive inheritance from a deceased relative will depend on the circumstances and cannot be fixed in advance. Fees and costs vary depending on the work to be carried out and the value of the inheritance. Please do not hesitate to discuss with us us your particular case, and we will be pleased to give you an estimate of how much our work will cost, together with inheritance tax and other costs to be paid.

For further information on wills and estates matters, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to prepare a will or solve your inheritance legal issues.

NIE NUMBERS & OTHER RESIDENCE LEGAL DOCUMENTS

You are able to take full advantage of all our knowledge and expertise.

We understand that foreigners or non-residents can have many linguistic and cultural problems in dealing with Spanish Authorities and other bodies. Steps to obtain documents such as Residence Permits, NIE number (fiscal Identification number), drivers’ license, etc. are normally not complicated but the process can be difficult if the right guidance and advice is not requested.

We have much experience in obtaining all kinds of documents for foreigners and non-residents, and can also arrange for the notarisation, legalising, apostilling of documents. We can help you to save time and avoid problems obtaining permits and documents on your behalf or advise you of the precise steps you have to follow to request them yourself.

NIE Number (Fiscal Identification number for foreigners).

All Spanish citizens have an identity number which also acts as their fiscal identification number. This number is used for all correspondence with the tax office and other authorities. It is called the DNI. It is the number on the identity card which all Spaniards carry and are required to show on demand from authorized officials such as police.

If you are not Spanish you cannot obtain a Spanish identity card and do not need one. However you will need a fiscal identification number if you intend to conduct any financial transactions within Spain. These numbers are called NIE, are personal and can be obtained from the police offices by completing applications and supplying documentation to prove identity. This is usually a certified copy of the passport which is attached to the application form.

Anyone from the EU can enter Spain without such an NIE number but cannot do many day to day things without one. If you intend to buy property, buy a car, take out insurance and many other financial transactions in Spain you will a NIE. Both husband and wife or partners wishing to conduct joint transactions will each need their own NIE.

Obtaining an NIE can be complicated and time consuming for any new arrival in Spain particularly if Spanish is not easily understood or spoken.

We can help and have helped many of our clients to obtain their NIE at the outset of transactions. So if you are considering a transaction in Spain please tell us. The process from application usually takes about 3-4 weeks to conclude after which you will be legally able to conduct your business needs in Spain.

Car registration, drivers’ licenses, translations and apostilling of documents, containers, (contracting an insurance), etc.

Obtaining these documents in Spain can be sometimes very complicated for those who do not speak Spanish and have to deal with different Spanish authorities: Custom public bodies, Inland Revenue, Traffic Authorities, Patronato Offices, Local Town Halls, Regional Governments, Social Security Authorities, Police offices, etc.

Why deal with these complicated matters alone when our Law Firm can do it for you?

With a proxy or limited power of attorney we can arrange all these legal paperworks on your behalf so you save time and money.

For further information, or if you require any assistance on these matters or any legal, administrative or tax paperwork’s in Spain, please do not hesitate to contact us. We will be pleased to study your particular case and help you with all the Spanish paperwork.

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