Conveyancing

Conveyancing


Independent Legal and Professional Advice… content from Pellicer & Heredia

Conveyancing: Property purchase legal representation

Property purchase legal representation is particularly necessary in Spain when purchasing or selling your property. The purchase or sale of a property involves different degrees of participation by various parties: the seller, their legal representative, the real estate agent, the accountant, a notary public, the registrar, utilities companies, the town hall of the municipality where the purchase is being made, banks, and in some cases the local courts, regional authorities and even the seller’s neighbor (they may even have something to say). The lawyer will ensure that all parties are properly coordinated and will perform an investigation to ensure that the property is purchased without any previous charge or liability that could incur in additional costs or reduce the property’s value.

Our conveyancing services include the following:

  1. Complete all necessary searches regarding the legal status of the property and the developer/vendor, informing the buyers of any issues discovered that may influence the decision or conditions of the purchase.
  2. Liaise and agree with vendor/s and/or lawyers in respect of terms and conditions of the purchase, ensuring compliance with current laws. In the event that the vendors are non-resident in Spain, a lawyer ensures that any amount paid prior to completion is lodged safely with a resident party, preferably the vendor’s lawyer’s account.
  3. Make preparations at the Notary Public for completion of the purchase or any further preparations required relating to the purchase such as preparation of Powers of Attorney for individuals abroad (duly legalized and translated) which give authority to a physical person/s to act on behalf of the buyers.
  4. Assist in the completion process and ensure title deeds are properly registered in the appropriate local Land Registry, and that the property(ies) is free from all charges and encumbrances, free from occupants and tenants, as well as payment of the relevant taxes associated with the purchase.
  5. Assist in locating, negotiating and obtaining a mortgage loan to finance the purchase of the property. The obtaining of the mortgage loan may be in the form of an approval in principle prior to the signing of the private purchase contract and is understood without prejudice to any other mortgage facility provided by the developer or the vendor.
  6. Obtain the NIE (Número de Identificación de Extranjeros), or foreigners identification number.

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