A&O Lawyers provides advice for the acquisition and sale of real estate and real rights throughout Spain, providing you with information from the outset on the costs and taxes involved in the acquisition or sale of your property or real right.
Our lawyers will handle the documentation and information of interest in the property or right, informing you of the inherent costs and placing special emphasis on checking debts and charges in the various registries and administrations.
They will verify the payment of taxes related to the transaction and provide you with other services such as contracting supplies, obtaining permits or licenses, opening bank accounts or obtaining the NIE, among others, in short, everything necessary to carry out the operation without surprises.
In addition, A&O Lawyers will accompany you after the acquisition of the property to verify the effective compliance with the contract, providing you with the claim and demand for constructive guarantees and the exercise of actions regarding the selling party.
In case of sale, A&O Lawyers presents you with some first steps that allow you to quickly and effectively streamline the process of selling your home, avoiding unnecessary procedures or even those that could hinder or complicate the successful completion of the transaction.
First, it is advisable to obtain a simple note in the property registry regarding the property you wish to sell, verifying that it is registered, with the corresponding description of your property and that it is not encumbered with registrable charges.
It is worth noting that not all charges appear in the property registry, so a detailed study of your property is necessary to prove that it is not encumbered in such a way that it could reduce its price or, in the worst case, frustrate its sale.
It should also be verified that payments for the property tax IBI, the collection of receipts, and the fees and assessments of the community of owners are up to date. The absence of debts up to this point does not mean that the property is in perfect condition.
The urban situation of the property should not be overlooked, as it may result in a legal impossibility to carry out works, improvements or repairs, and may be subject to an enforcement proceeding that may lead to fines and/or even the demolition of the construction or part thereof to restore the disturbed legal order.
It is important to have an estimation of the capital gains (increase in value of urban land) before proceeding with the sale. This way, you will know the net amount of your sale from the outset. In the case of non-residents, this valuation must be combined with the valuation of the non-resident income, as both amounts must be withheld.
If you are a non-tax resident in Spain, you must ensure that you are up to date with the payment of the non-resident income tax.
Finally, at the time of sale, you must provide both the certificate of being up to date with community fees and the certificate of energy efficiency.
Our firm also has extensive experience in drafting contracts of all kinds. Lease for residential use, lease of business premises, lease of industry, establishment of real rights such as easements or usufructs are just some examples where our professional firm has extensive and reliable experience.