Lawyer Legal advice steps to buying a Spanish property.

The first important steps you take when you have found your Spanish property you want to buy is to obtain the advice of a lawyer as early as possible for legal advice during the whole process. Property Marbella Apartments and Villas for Sale can recommend you established and experienced lawyers who will take care of the whole legal process for you and also speak your language. The lawyers inform you about all necessary information for a mortgage and give you tax advice.

What does the lawyer do for me?

1. Examine the private contract between the purchaser and the vendor and ensures that the price and other terms are in accordance with the market and that they are normal business conditions.

2. Get a “nota simple” (certificate of title) in order to control that the vendor is entitled to sell the property and that the property is legally constructed and correctly registered at the land registry.

3. Control that the property has all licenses in place, i.e. “licencia de primera ocupación” (first occupations license). And in the event of buying a new construction also control the building license.

4. Contact the vendor’s bank to control that any possible mortgage debt of the vendor has been paid and assists the purchaser in obtaining new financing for the property if needed.

5. Ensure that there are no charges or debts on the property and that all outstanding taxes and rates, i.e. community fees, electric and water bills, etc. are paid up to the date of purchase at the notary. 

6. Ensure that the purchase payment will not be released to the vendor before certifying that the buyer can receive a clean deed of conveyance for the property.

7. Prepare a statement of completion, arrange for the utility contracts (vendors mortgage, community, water, gas, electricity, telephone etc). 

8. Draw up the final deed of conveyance and assist at the notary’s office for the signature of the deed. Important information: in Spain the notary is not obliged to check any terms, but certifies that both parties have agreed to the terms stated (the notary is in place only to witness both parties' signatures).

9. Draw up all necessary documents for the mortgage banks and the Spanish authorities. Advices you on financial and tax-related questions and is your key to a secure deal.

How much does legal advice cost?

A normal cost for the lawyer’s fee is approximately 1 % of the purchase price for properties on the Costa del Sol. For more expensive and luxury apartments and villas can the cost of the lawyer be less than 1% of the purchase price.