We have more than 10 years of experience in real estate law in Spain and can assist you in buying, selling, renting or inheriting property in Spain.
In Spain, Public Notaries do not supervise the sales process and do not advise the buyer on his interests. The Notary is impartial, and his mission is limited to certifying the conformity and validity of the deed of sale in accordance with Spanish law.
For this reason, in Spain, it is advisable to use the services of a lawyer to secure the process of buying or selling property.
The main services we offer in the purchase of a property in Spain are the following:
- Reviewing and/or drafting and assisting the client in making an offer to purchase and in signing the preliminary sales agreement.
- Assistance with the necessary administrative procedures.
- Application for EIN and TIN.
- Assistance in opening a bank account in Spain for the payment of charges, taxes and fees relating to the property.
- Verification of the ownership of the property in question and the status of any encumbrances on the property.
- Analysis of the legal situation and the possible urban use of the property.
- Analysis of the legal capacity of any agents involved in the sales process.
- Constitution of the purchase file of the property: requesting documents from the seller in order to verify the payment of taxes, charges, invoices, etc.
- Analysis of the minutes of the last general meetings in case of co-ownership.
- Negotiation and drafting of the sales agreement (contrato de arras) in Spanish, French or in a double column in French and English.
- Preparation of the notarial deed in collaboration with a trusted French-speaking notary in Barcelona.
- Organising the signing of the notarial deed and checking the legality of the property purchase process.
- Accompanying the client to the signing of the deed of sale at the notary’s office or mandating the signing of the notarial deed on behalf of the buyer.
- Follow-up of the tax settlement and registration of the deed of sale at the Land Registry in Spain.
- Drafting, review, negotiation of commercial leases.
- Drafting, review, negotiation of rental contracts.
- Assistance with applying for any activity licence.
- Support in bringing the premises into compliance.
- Assistance with the acquisition of a business in Spain and the transfer of a commercial lease.
- Accompanying heirs in asserting their rights to the deceased’s property in Spain.
- Obtaining the NIE of the heirs.
- Request for certificates (will certificate, death certificate, life insurance certificate).
- In the absence of a will, accompanying the declaration of the intestate heirs.
- Acceptance of inheritance in Spain.
- Contact with a foreign document legalisation service.
- Assistance with the declaration and change of ownership of property in Spain in favour of the heirs in France.
- Registration of the new owner at the Land Registry in Spain.
- Assistance in leaving the joint ownership and buying or selling the property in Spain.
- Advice on the choice of the most appropriate legal structure.
- Preparation of the company’s incorporation file.
- Registration and incorporation of companies in Spain and France.
- Drafting the articles of association and the shareholders’ agreement or family protocol.
- Preparation of the notarial deed of incorporation of the company in collaboration with a French-speaking notary in Barcelona.
- Legal translation service.
- Obtaining TIN, EIN and Electronic Certificate.
- Declaration of foreign investment in Spain.