Hiring A Lawyer For Buying A Home

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  • Advise you about the terms of your proposed contract.
  • Where appropriate, check the property had all necessary planning permissions and licences.
  • Where appropriate, check the property benefits from the necessary guarantees.
  • Arrange for the completion of the purchase by the signing of the necessary deed (Escritura publica de compraventa) in front of a Spanish Notary Public.
  • Arrange for the transfer of the necessary funds to Spain or elsewhere as required by the contract.
  • Arrange for the payment of the fees and taxes due in respect of your purchase.
  • Arrange for the registration of your title at the Spanish Land Registry.
  • Receive the registered title back from the Land Registry, check it and forward it to you.
  • Establish from you what further assistance you may require in connection with this transaction.
  • Take out a mortgage to help buy the property.
  • Obtaining your NIE (foreigner’s identification numbers). In order to buy property in Spain, you need to be registered with the Spanish tax authorities and to have a foreigner’s identification number (N.I.E).
  • In many cases you may not wish to be in Spain at the time when the public title deed needs to be signed. In these circumstances we can prepare a Power of Attorney (authorising either someone nominated by you to sign on your behalf.)
  • We can also do the insurance for the property.
  • We believe that it saves a great deal of time, effort and money later in if you now review your English Will and make a separate Spanish Will. For most people the cost of this is fairly small. It is generally much cheaper and simpler to deal with your affairs if you have made a Spanish Will. We will be please to help you to this.
  • Changing the accounts for Electricity, Water & Telephone, or in the case of a new property arranging for connection o these services. It is usual to do this by arranging for your bank to pay the accounts directly to the suppliers.
  • We will give a detailed estimate for the likely overall cost once we know more about your particular purchase.

What is the Escritura?

This is the title document transferring ownership of the property. Under Spanish law it is necessary for the escritura to be signed before a Spanish Notary Public. We will arrange to this for you.

Who is the Notary?

The Notary is a public official who is there simply to put on the public record the fact that the deed recording the sale/purchase has been signed in his or her presence and understood by the parties concerned.

Where should the money paid?

When the escritura is signed in front of the Notary either the purchase price is, in his or her presence, handed over to the person selling the house or the Seller confirms that the monies has already been handed over. Proof of such payment es then incorporated into the title deeds of the property.

Usually the price may be paid wherever in the world the parties agree. We will advise you as to the implications of this choice.

 

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