Property lawyer for sale or purchase real estate Marbella

THE ADVICE OF A PROPERTY LAWYER WILL SAVE YOU MONEY AND A HEADACHE WHEN PURCHASING OR SELLING YOUR HOME

If you are considering purchasing or selling a property and would like to save yourself time and money, we highly recommend you hire the counsel of an experienced and trustworthy property lawyer.

Purchasing or selling your home is one of the most important decisions in life. Despite being a very common transaction, it is not free from potential setbacks or surprises that you should keep under control. This is especially the case in Marbella and the Costa del Sol, due to the particular circumstances of this area.

In Marbella, after the 2010 repeal of the Marbella PGOU (the urban planning code of the city of Marbella), it has become crucial to determine if the property you intend to purchase has any potential for urban planning problems. In all cases, the off-plan purchase of any property should include the guarantee of refund for any deposits in case the property is not finished within the terms and conditions of the purchase contract.

HOW CAN CARLOS HAERING LAWYERS ASSIST YOU IN THE SALE OR PURCHASE OF YOUR PROPERTY?

Before purchasing real estate, due diligence should be conducted to ensure the legality and security of the operation. The legal status of the property should be ascertained, to ensure it is free from entitlements, encumbrances, third-party rights or any other limitations. A property law specialist is ideally suited to help you with these tasks and help you avoid potential issues or complications.

  • Research and verification of the actual condition of the property to determine if it is encumbered with tax liabilities, liens, inheritance claims and/or there are one or several owners or inheritors to the property. Also, to obtain the property record from the land registry and determine if the property complies with the PGOU (urban planning code) and that it has all the construction permits, first occupancy licence and occupancy certificate in order. Additionally, to check if there are any unpaid housing association dues and if there are any specific prior agreements that might restrict certain property usage rights.

  • Analysis, revision and/or drafting of all contracts required in the purchase process (deposit agreement, sales contract, deed, mortgage loan contract) to avoid abusive clauses or dispositions that might be contrary to your interests, and to ensure the overall legality of the operation.

  • Research of mortgage options through several banks, to obtain a mortgage loan under the most favourable conditions in the market. We gather mortgage information from various banks so our clients might select the one that is most convenient for them.

  • Estimation of purchase costs and taxes. These associated costs are not insignificant, as they might amount up to 12% of the total cost of the purchase: VAT, property transfer tax and stamp duties (ITPAJD or Impuesto de Transmisiones Patrimoniales y Actos Jurídicos Documentados), capital gains, mortgage expenses, notary public, registration, processing agency, municipal taxes such as IBI (property tax), garbage collection fees, utilities, etc.

    All costs should be estimated and, for each case, it should be clearly stated whether they are the responsibility of the seller, the buyer or the bank. Carlos Haering Lawyers guarantees you will not pay more than you absolutely have to, and that all payments will be made in the amounts and dates required, preventing any government claims.

THE COUNSEL OF A GOOD LAWYER DOES NOT END WHEN YOU SIGN THE DEED AT THE NOTARY PUBLIC OFFICE

The counsel of a good lawyer does not end at the Notary Public office when you sign the purchase contract for the property. After the deed is transferred to your name, we handle the transfer of all utilities (electricity, water, natural gas) to ensure you won’t face any undue charges.

Carlos Haering Lawyers also advises and assists you in other matters regarding your purchase, such as property taxation for either the purchaser or the seller and any legal and tax consequences, inheritance acceptances, and others.

DO I REALLY NEED TO HIRE A LAWYER?

If you read this article carefully and value your peace of mind about the security and guaranteed result of such an important operation as the purchase of your home, your answer to this question will most surely be a resounding: Yes!
The services of a property lawyer are highly recommended if you wish to conduct a safe and worry-free property purchase. Not only will a property lawyer help you gain a better understanding of all the documents you will be signing and the procedures involved, but will also avoid any unpleasant surprises, worries and future problems.

Carlos Haering Lawyers looks after your interests and ensures your property purchase is conducted with all the expected guarantees and legal safeguards. Shall we discuss the particulars of your operation?