property Affairs

Legal advice on real estate, home ownership and construction

Do it right!

Our real estate law department has extensive and recognized experience in real estate transactions and always ensures the legal certainty of the business and the interests of our clients in the acquisition and sale of real estate or real estate in-depth investigation of each transaction and its circumstances.

AREAS

Purchase and sale contracts for real estate.
Purchase contracts and purchase option.
City planning and affection.
Mortgage and registration fees.
Declarations for new work, separation or grouping of farms.
Resolution of undivided or co-properties.
Demarcations, segregations and groupings of farms, immissions.
Leases.
Processing forced evictions and forced evictions for illegal jobs.
Claim for construction defects and ten-year responsibility.

Some pitfalls when buying a property in Spain

The property is not registered, most likely because it was illegally built. Many unregistered properties are sold to foreigners as foreigners are less likely to check the registration. If you find a bargain, there is a chance that it will not be registered. Solution: Apply for a registry entry (not easy).

There are too many brokers involved. We once had to talk to 11 agents to find out the facts about a house. In addition to communication difficulties, each broker may receive his percentage.
Solution: Ask the broker for the contract with the owner.

The property was sold to several buyers. Yes, that happens. Either the buyer has the intention to cheat, or he has received a better offer and could not refuse it. If there are two sales contracts, the property belongs to the first person who registered the property in the land register. If you are the second person, in addition to a refund of your deposit, you have a right to compensation from the seller. If you have signed a pre-agreement (contrato de arras), you have the right to receive the double deposit.

The new home will be delivered late or with defects, During the 2005-2008 boom, many contractors and promoters sold homes before they were built. After the closure, it was all too common that the property was completed long after the agreed time.
Solution: The contract must set a required deadline for completion. If the deadline is not met, the seller undertakes to reimburse all payments made by the buyer, including interest, plus any additional costs caused by the delay. If the seller is unwilling to include this in the contract, you should think about whether you want to continue. Another common case is that the new home is delivered with schedule changes or with flaws. Once the buyer has signed the contract, the description and architectural plan has the value of a contract. If the buyer makes changes to the plan, they should be recorded in writing. If the property is deficient, the developer is obliged to repair it. In such cases, we recommend that you hire an architect who can determine the meaning of the error and the cost of correcting the error.
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