Property Solicitors: Expert Legal Assistance for Buying Property in Spain

Property conveyancing can be daunting, and acquiring a home marks a significant moment in one’s life. To avoid unnecessary risks and potential nightmares, Tejada Solicitors recommends building a reliable team of professionals who will provide advice and guidance throughout this exciting project, ensuring it remains straightforward and hassle-free.

For those contemplating the purchase of a property in Spain, we strongly suggest contacting a Property Solicitor before committing to any agreements or payments. You can reach us by phone or schedule a video call for an initial consultation. During this first meeting with our English-speaking solicitors, we will detail the array of services we offer, outline the conveyancing process steps, and, most importantly, guide you through the entire process for a smooth experience.

Our primary goal is to keep our clients well-informed throughout the procedure, maintain open and clear communication, and provide updates on each step’s status. We understand the stress and significance of this decision in your life and aim to make the experience as pleasant as possible for you.

If you’re considering property acquisition anywhere in Spain, please visit our conveyancing article for more details on our comprehensive legal service package.

What should you know before buying a property in Spain?

Investing in property in Spain, whether in Andalusia or the Canary Islands, represents a substantial financial commitment that requires thorough examination. Whether you’ve set your sights on a seaside home or uncovered a fantastic property deal on the Costa del Sol, it’s crucial to delve into the legal intricacies of the purchase. While comparing square meter prices is advisable, understanding the market value of the building or land for sale is equally important. Armed with this knowledge, meeting property owners or real estate agents in Spain becomes more focused, whether you’re eyeing an affordable flat near Malaga’s historical center, a bright apartment in a village like Nerja, or a luxurious villa in Marbella.

Property solicitors - cut

Given that real estate agencies act as intermediaries between buyers and sellers, having all documents meticulously examined by a professional lawyer is indispensable. Property lawyers oversee the conveyancing process, ensuring that the transaction, contract, and the property itself align with Spanish laws, which can vary by region. These legal experts can also calculate applicable taxes in Spain and other associated costs, essentially serving as accountants. Importantly, hiring Spanish property lawyers fluent in English enhances your understanding of the entire home-buying process and facilitates effective communication. The subsequent section will address numerous common questions that typically arise before purchasing a new property in Spain.

Comprehensive property solicitor services offered

At Tejada Solicitors, our team of English-speaking solicitors and experienced tax lawyer are dedicated to providing comprehensive support throughout the process of purchasing a property in Spain

Legal due diligence and property checks

Our team of experts at Tejada Solicitors conducts thorough due diligence, meticulously examining all legal aspects of the property. Upon completing our legal research, we furnish our clients with a comprehensive legal report encompassing the following key aspects:

Verifying the property’s accurate registration in the Property Registry under the seller’s name with the correct property description.( Spanish nota simple)
Ensuring the property is devoid of liens and mortgages and is current on all tax obligations.
Confirming the absence of any residing tenants in the house.
Conducting an examination of urban planning files and planning licenses by our architect. (Property condition survey)
Verifying the accurate registration and up-to-date payments of all taxes and utilities in the previous year.
Ensuring there are no outstanding debts with the community of owners.

In Spain, any debts associated with a property are transferred to the new owner during the sale. Therefore, it is crucial to ascertain that the property is free from debts, such as mortgages. Any debts that exist should be covered by the contract terms and promptly canceled upon completion. In summary, Tejada Solicitors ensures that the property is clear, legally sound, free from encumbrances, and ready for sale to our clients.

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NIE numbers and bank account assistance

If you are considering purchasing property in Málaga, the initial step is to apply for the NIE number or Spanish Tax Identification Number and open a Spanish bank account. Tejada Solicitors offers the convenience of handling the application for the NIE number and assisting in opening a Spanish bank account on your behalf.

The NIE (Número de Identidad de Extranjero) number in Spain serves as the tax identification number allocated to foreign citizens for conducting transactions with the Spanish government. Please feel free to contact us by phone to instruct our law firm and initiate the first step of the conveyancing process.

Contract preparation and review

Once all the Due Diligence has been successfully completed, our solicitor will draft the private purchase contract in a dual-language format in Spanish and English. This stage of the procedure is pivotal, as this private contract encompasses all the agreements between the buyers and the seller and is legally binding.

NIE numbers and bank account assistance

If you are considering purchasing property in Málaga, the initial step is to apply for the NIE number or Spanish Tax Identification Number and open a Spanish bank account. Tejada Solicitors offers the convenience of handling the application for the NIE number and assisting in opening a Spanish bank account on your behalf.

The NIE (Número de Identidad de Extranjero) number in Spain serves as the tax identification number allocated to foreign citizens for conducting transactions with the Spanish government. Please feel free to contact us by phone to instruct our law firm and initiate the first step of the conveyancing process.

Contract preparation and review

Once all the Due Diligence has been successfully completed, our solicitor will draft the private purchase contract in a dual-language format in Spanish and English. This stage of the procedure is pivotal, as this private contract encompasses all the agreements between the buyers and the seller and is legally binding.

property buying process

Representation during property transactions

Tejada Solicitors highly recommends appointing a trusted solicitor to conduct all the necessary legal checks to ensure the legality of your property purchase. This solicitor must be independent of the vendor or developer to protect your interests completely.

Our clients can expect qualified legal assistance. We provide efficient service through telephone and email communications, along with regular meetings to keep you informed at every step.

Interesting read: How to buy a property in Spain

Do you need a professional Property Solicitor?

How does Tejada Solicitors ensure a smooth Spanish property buying process?

Tejada Solicitors’ objective is to assist you seamlessly throughout the entire buying and selling process, keeping you informed about any developments without causing stress or concerns.

Our approach is designed to make the buying and selling process as smooth and pleasant as possible.

Tejada Solicitors will represent you throughout the various stages of the conveyance process. In the pre-purchase stage, our solicitors will interact with the seller’s solicitor and agent on your behalf. We will diligently handle the private purchase contract during the purchase stage, negotiating clauses carefully with all parties involved. In the post-completion stage, our solicitors will support you in registering the property in your name, handling the payment and transfer of all taxes on your behalf, facilitating the change of utility contracts into your name, setting up direct debits, and ensuring that all procedures are successfully completed

Do you need a professional Property Solicitor?

We always offer a free initial meeting. If possible, we strive to conduct it via video conference or face-to-face, depending on the client’s location and urgency. However, a face-to-face meeting is crucial to establish trust and allow clients to meet the individuals who will represent them in one of the most significant decisions of their lives – acquiring property in a foreign country. During the first meeting, we explain the various steps to consider in the buying process and the services we provide.
In our commitment to clarity and honesty throughout the procedure, following the initial meeting, we send the client an estimated cost of all expenses associated with the buying process. It is crucial for our firm that the client knows the total budget from the beginning to manage all expenses without any surprises. Occasionally, clients may encounter more budget-friendly options from other companies that do not include all expenses, aiming to attract their attention. Please carefully review each expense concept to avoid falling into such traps.
Our communications with clients are fluent and constant. We offer clients various communication channels, such as video conferencing, email, phone, WhatsApp, and in-person meetings at the office. We give clients the opportunity to choose the most comfortable communication method.
After completing all legal checks and before the sales contract, we send the client the property report containing all legal information about the property to be acquired. This document provides clear and comprehensive information about the property’s characteristics, and any documentary anomalies found will be reflected in the mentioned report.
Tejada Solicitors always drafts the sales contract in dual columns, Spanish and English. The contract will include all agreed-upon terms with the selling party, with our primary goal being to protect the client’s interests throughout the entire buying process.
Once the sales contract is agreed upon with the seller’s lawyer, we send it to our clients for review and approval. We never sign any document or carry out any management without the prior authorization of our clients.
On the eagerly awaited completion day, our lawyer will always accompany you to the notary to sign the deed. Tejada Solicitors will organize the entire process well in advance to ensure a smooth completion date without any surprises. If you instruct us to sign the completion on your behalf, we will represent you through the Power of Attorney (POA).

Transparency throughout the process is the key to our success. Clients always appreciate our clear and open communication.

José María Oliva
José María Oliva
– Spanish and English speaking – Solicitor

The Tejada Solicitors approach to the Spanish property buying process

From Tejada Solicitors, we focus from the outset on informing our clients about the property purchase process in Spain, explaining each step we must take. This ensures that no incidents during the process could delay or even cancel the operation. The buying process will always be conducted while safeguarding your interests, without transferring stress or concerns to you.

Our professionals will handle any incidents that may arise throughout the process. We put ourselves in your shoes and understand that you are worried because you are investing a significant amount of money in an unfamiliar country.

Through our fluent communications, we aim to make the process as manageable as possible for you.

We focus on conveying tranquility and security to our clients throughout the entire process. Last but not least, clarity in negotiations and agreements with the other parties involved in the buying process is another of our objectives. We are clear from the beginning regarding the total costs associated with the entire buying process to avoid unpleasant surprises in the future. Similarly, if the property does not meet the minimum legal requirements, we advise our clients to abandon the operation and look for another property.

Pre-purchase: Assisting with property search and negotiation

This is one of the most important stages of the sales process since it involves reserving the property through signing the reservation contract and paying a deposit. In this contract, which may seem simple at first, we must establish a series of requirements that guarantee that the deposit will be refundable in case the agreements established in it are not met.

For example, in many cases, our clients want to invest in a property in Spain to operate it as a tourist rental. In these cases, it is of utmost importance to establish that if there is any prohibition on tourist rentals by the community, the operation cannot proceed, and the deposit will be returned to the buyer.

Once we have analyzed all the legal documentation, we will inform you about its status. If we believe it does not meet the minimum legal conditions or poses a risk for purchase, we will advise you not to proceed with the operation. On the contrary, we will proceed with the operation if the legal documentation is correct. After conducting our due diligence, we will issue a legal report detailing the property’s characteristics.

Purchase: Managing legal documentation and transactions

Upon completion of all necessary investigations, the next step involves the execution of the private contract. The attorney will meticulously prepare this legal document, adopting a dual-language format in Spanish and English. Subsequently, an amount equivalent to approximately 10% of the property price will be tendered. This phase holds paramount significance in the overall conveyancing process, serving as the cornerstone for establishing the terms and conditions of the transaction. The private contract encompasses critical elements such as:

Identification of the seller and buyer
Description of the property
Potential encumbrances (e.g., mortgages, outstanding debts) requiring settlement before the completion
Stipulated price (inclusive of furniture, if applicable)
Payment modalities (typically involving a €6,000 deposit upon reservation contract signing, 10% at the private sales contract signing, and the remaining balance upon completion)
The scheduled date for the execution of the deed of sale (completion), conducted at the notary’s office, during which the purchaser finalizes the remaining payment and the seller hands over the keys, completing the property transfer to the buyer.

Interesting read: Pitfalls of buying property in Spain

Completion

The much-anticipated moment arrives once the signing of the sales contract is concluded. We love to witness the joy on our clients’ faces as they acquire their property in Spain and receive the keys. For these moments, every effort invested throughout the entire purchasing process becomes truly worthwhile.

The completion takes place at the notary office, with all parties present. If clients cannot attend for any reason, we will represent them through the Power of Attorney (PoA). The remaining balance is settled with the seller during this stage, and the keys are handed over. From this moment forward, you officially become the proud owner of a property in Spain—congratulations.

Post-purchase: Handling property registration and tax obligations

Following the execution of the deed of sale, the next step involves settling the transfer tax and officially registering the property under the buyer’s name at the Property Registry. Additionally, we provide guidance and support in selecting the optimal home insurance coverage to safeguard your property.

Furthermore, we take care of the transfer of ownership for utilities, taxes, and associated fees, ensuring they are transferred to the buyer’s name and set up for direct debit payment through their bank account.

Do you need a professional Property Solicitor?

property purchase in Spain

Get started for a seamless property purchase in Spain

Once the selling party accepts the offer, Tejada Solicitors works hard to ensure that you don’t end up paying more than necessary for your home.

How do we ensure you don’t overpay for your home? By meticulously scrutinizing every legal document and detail of the transaction, no matter how insignificant, we can renegotiate the price if any issue affecting the property emerges after analyzing all the documentation.

We always keep our clients informed about every step we take, ensuring they are aware of the status of their purchase process. When it comes to addressing significant points, we communicate with our clients in person, through video conferencing, or by phone to provide clear and precise information.

We advise our clients to hire the services of an architect who can examine the property’s conditions. If any anomalies are detected, it allows us to renegotiate the purchase price, as these issues may lead to future expenses for the new owners, which should be borne by the selling party.

Another crucial aspect to consider is the furniture in the home. If it is included in the price, it should be clearly reflected in the purchase contract, including an inventory, preferably with photographs. Sometimes, the selling party uses furniture to increase the selling price. Therefore, it is essential for Tejada Solicitors to address the furniture matter from the beginning of negotiations.

Our goal is to close deals as quickly as possible, achieving a quick completion if the clients request it. We supervise the operation from the beginning, i.e., from the acceptance of the offer to the post-purchase, informing them of every step of the process and avoiding unnecessary concerns. Consequently, we will continue to accompany them on their adventure after the purchase to advise them on tax payments and any other necessary procedures.

tejada solicitors team law firm malaga

“The only way to do great work is to love what  you do.”

– Steve Jobs –

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