Purchasing property

Why do I need a lawyer when purchasing my home? The role of the lawyer when purchasing a house is important to prevent future lawsuits, problems related to the contract, conditions, mode of payment etc. All these problems can be avoided with good legal advice before signing any legal document. That is why our Lawyers work with a single objective, to achieve the maximum satisfaction of our clients.
Before signing any document, you should conduct a visual and thorough examination of the property that you wish to acquire.

Purchasing a second-hand home: you should verify that the property is as the seller proclaims, i.e.
- Quality of structure
- Quality of facilities
- The condition of the home
- The views

Purchasing a new build: there should be an informative and descriptive brochure about the property which will have contractual value. The brochure should include, among other things:
Map indicating the location of the property

  • A plan of the property
  • Description of the building, home, common areas and extra facilities, and always referring to its surface area
  • The quality of the materials to be used for construction
  • The price and the form of payment
  • Approximate date of completion

Our lawyers will be in charge of an initial review of the legal situation of the property (Due Diligence). This includes checking the different areas that may affect the property (civil, registry, cadastral and urban), to ensure that there are no issues such as pending payments, construction problems etc. that could impede carrying out the purchase of the property.

Our lawyers will then be in charge of drafting the sales-purchase contract in the case of second-hand properties, ensuring legal requirements are achieved, and in the case of new builds, ensuring that there are no abusive clauses.

A simple note from the registry will verify: the ownership of the property; the description of the property (surface, annexes, participation fee etc.); the existence of mortgages and embargoes that may lead to future litigation that will be levied on the property; and any taxation or charges that may be levied on the property.

When buying a second hand home, it is necessary to request from the seller some documentation to ensure that any payment of supplies and community fees are up to date. In addition, we will check that IBI payments (Property Tax) are up to date and request the Energy Certificate and Second Occupancy License.

In the case that the purchase is off plan, the existence and solvency of the promoter must be checked, vital to obtain bank guarantees. Along with this, our lawyers will inspect the plot on which the building is to be constructed to ensure it is registered in the developer´s name and that the proposed building has the corresponding municipal license verified through the corresponding town hall.

Once the contract is signed and all the necessary documentation is in order, the next step is to proceed to the signing of the public deed granted before a notary, which gives authenticity to the wishes of the parties involved. It is evidence of the date of the signing and once registered in the property register, it is proof of everything regarding its contents. It allows for the transfer of the property, and it will state the form of payment and when received.

At Spania legal, we offer our legal services in purchasing and sales, assisting you throughout the whole process, guaranteeing maximum legal security.


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