Archive for August, 2008

PURCHASE A PROPERTY IN SPAIN

August 28, 2008

According to my experience in conveyancing with non residents I have drafted a list of the process and main items on how to purchase a property in Spain.

 

The main issue is to find a property according to your willings and the estate agent will help you in this matter.

 

Once you have found the property you want to purchase you should pay a deposit to withdraw the property from the market and a few weeks later sign a private purchase contract in which all the conditions and clauses of the purchase should be stipulated.

 

The next step is signing a Title Deed in the Notary, after that you have to pay the taxes and finally you have to register the property in the Land Registry.

 

It is very important to check that the seller is the real owner of the property, so do not pay anything before this has been properly checked. If the seller uses a legal representative please assure that has got power of attorney or other relevant documents to act on behalf of the owner.

 

It is very important as well to check if the property has got any charges and if the property is according to the Town Hall plannings.

 

If you hire the legal services of a law firm, they can make the proper searches, they can deal with the seller about the terms and conditions of the contracts,  they will advise you about the best way to acquire the property in order to minimize the taxes payable, they will attend at the completion with you or on your behalf, they will negotiate with the bank if you want to take a mortgage, they will pay the taxes on your behalf and they will register the property, in summary to contract a lawyer for your conveyancing process will be really helpfull.

 

If you have any queries please do not heistate to contact me at jose@lawfirminspain.com

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WHAT TO DO IN CASE OF DELAYS IN DELIVERY YOUR PROPERTY.

August 11, 2008

In case you have purchase a property and the time limit to finish the property expired it is very important to denounce the delay and it has to be done by a burofax ( formal letter that has to be sent through the post office).

In this letter you have to ask about the reasons of th delay explaining them that you are not happy with this situation and you want a proper solution.

If you want to revoke a contract because of the delay the courts are stablishing that a delay of more than 6 months is enough to do it but you have to know the reasons of the delay because if it is for acts of god as strong rains…etc it has to be analized by your Lawyer.

You may decide if you want to complete with an economic compensation or if you want to revoke the contract asking your deposit back plus legal interests.

Depending on the case you can ask as well ethic damages and a compensation for the different value of a similar property in same location.

The time frame to obtain a sentence ( ruling, veredict…) from the Court is from 8 months to 14 months) depending on the Court and the costs will be mainly the solicitors fees, the procurator ( barrister) fees.

If you have any queries please do not hesitate to contact me at jose@lawfirminspain.com