Marbella Real Estate Lawyers.
Most lawyers in Marbella are specialized in real estate law and contracts that will help you navigate the buying-selling process with ease. Real Estate Lawyers in Marbella can also provide legal assistance for various issues, including: wills, inheritances, commercial and labour matters, contracts, quantity claims, civil and criminal proceedings, competition law, trademarks, and trade names.
What are the services offered by real estate lawyers in Marbella?
Conveyancing refers to the legal procedure involved in selling or transferring Spanish property, where both parties have specific obligations to fulfil. A real estate lawyer facilitates these processes, including obtaining licenses and permits and addressing tax-related matters.
Standard services offered by most real estate lawyers include:
- Performing necessary property analyses encompasses evaluating the property, land, and materials and assessing the property’s administrative and legal status.
- We verify the property’s legal, tax, and urban status to ensure compliance with the current regulations and requirements.
- We are researching and investigating licenses, building permits, and any other potential procedures that may impact the property.
- We are preparing a comprehensive property report assessing all associated costs and taxes relevant to the property.
- We are assisting in securing a mortgage loan if required or ensuring the implementation of appropriate measures to facilitate a smooth transaction process.
- We are facilitating the acceptance of offers, including handling monetary transactions involved in the process.
- We manage the sales proceeds and address tax obligations associated with the property transaction.
Marbella Real Estate Lawyers.
When purchasing property in Marbella, aside from your real estate agent, a crucial member of your team is your lawyer. It is essential to have a knowledgeable and competent legal professional who is well-versed in Spanish property law and is committed to safeguarding your interests throughout the entire transaction. However, selecting the best Marbella lawyers for real estate can be challenging. How do you determine which lawyer is right for you and will provide the guidance you need?
3 Reasons Why Having a Lawyer is important in Spanish Real Estate Transactions.
Acquiring a property in Spain can be a challenging and risky process, entailing numerous intricate legal aspects; and it can be overwhelming and bewildering to navigate through the complex layers of legal documents and regulations unless you possess the necessary expertise to handle them. Breaking down the transaction into manageable chunks can be helpful, but ultimately, it’s crucial to have the guidance of a skilled real estate lawyer to ensure a smooth and successful outcome.
If you’re still on the fence about whether to hire a real estate attorney for your residential property acquisition, here are three compelling reasons why they are essential:
Reason #1: Real estate lawyers ensure that you make informed decisions.
The overwhelming amount of details in real estate law makes it a complex area of law. As a prospective homebuyer, it is crucial to be well-informed and attentive to these details when making significant investments in a property that could potentially be your future home or income property; paying close attention to the fine print and intricacies of real estate law can ultimately help you make sound decisions and avoid potential legal pitfalls.
When you engage a real estate attorney for your transaction, they will meticulously review all legal documentation involved in the process, before scheduling a meeting with you to clarify each detail, ensuring that you are fully informed of the proceedings; moreover, your attorney will not only give you advice, but they will also work tirelessly to ensure that your best interests are protected throughout the deal’s closure.
Reason #2: Real estate lawyers can identify issues that you can’t.
Real estate transactions can be notoriously complicated, and attempting to navigate them without the guidance of a qualified legal expert can be a daunting task. It takes an experienced real estate attorney to expertly pore over the documents on your behalf and identify any potential issues that may arise; and without the aid of a legal expert, you may find yourself lost in the overwhelming labyrinth of details contained in a real estate purchase contract, leaving you ill-prepared to handle the complex negotiations required for a successful deal.
In what ways can a real estate attorney assist you?
- One of their primary roles is to identify any issues that may arise with the title of your property: Your title is the legal document that verifies your ownership of the property and if there are any complications with it your right to maintain ownership of the property could be in danger.
- Physical property issues: Occasionally, unforeseen challenges can arise with a property’s physical attributes, potentially damaging your investment; and you may need a legal professional to assist you in this regard and ensure that you make an informed decision because as an individual you may not have the expertise to detect and pinpoint such problems.
- Issues with your purchase contract: To ensure that all the clauses in your contract are equitable, it’s highly recommended to have a legal professional review it. Attempting to scrutinize the purchase agreement independently can be a daunting task, but with the guidance of a competent lawyer, you can feel confident in the terms of your contract
Reason #3: Real estate lawyers can give you peace of mind.
Navigating through a real estate transaction can be nerve-wracking, as it involves dealing with various parties such as agents, lenders, inspectors, etc who may not always prioritize your best interests. Therefore, having a trustworthy lawyer by your side who is committed to building a solid relationship with you can help alleviate the stress and anxiety associated with real estate transactions, allowing you to focus on the exciting prospects of acquiring or disposing of property.
By building a strong relationship with your lawyer, you’ll have a partner who is invested in your success and who can help you achieve your goals; so if you’re considering a real estate transaction, don’t hesitate to seek out guidance and support of a skilled and compassionate legal professional.
Instructing a lawyer.
LuxuryForSale.Properties recommends you use one of our Approved Lawyers that have been carefully selected and have the LuxuryForSale.Properties seal of approval.
Having paid an initial deposit, you will need a Spanish lawyer. We recommend that you select someone with local knowledge that has been approved by LuxuryForSale.Properties and who speaks your language. Your lawyer will carry out numerous checks to ensure that your chosen property is indeed owned by the person selling it and that it has been marketed correctly. Your lawyer will ensure that there are no undeclared debts owing on the property and that all service bills and taxes are paid up to date.
Using a lawyer safeguards your investment and means that when you receive ownership of your property you will not inherit any outstanding debts.
If you are purchasing an off-plan Spanish property your lawyer will ensure that the developer has an insurance policy or bank guarantee in place ensuring that should the purchase not go ahead at the fault of the developer, your money plus interest of 6% will be returned.
Typically a lawyer will charge 1% of the purchase price of your property plus VAT at 16% for his services during the sale process.
Your lawyer can arrange power of attorney should you wish a third party to sign for your property on your behalf. This can be particularly convenient if you are purchasing off-plan property as occupancy licenses can sometimes be granted weeks after your property is officially completed. Services such as water and electricity cannot be transferred into your name until licences to occupy are in place.
Should You Buy Illegal Property in Marbella.
Marbella is the jewel of the Costa del Sol and is backed by the beautiful mountains of Sierra Blanca which help to give the area its very own micro climate with 320 sun days athroughout the year. Marbella is offering a sophisticated and diversified lifestyle with some of the best facilities in Spain.
On the face of it that’s a very obvious question to answer and from a legal point of view you should never buy illegal Marbella properties. However there are quite a few property transactions taking place for Illegal properties in Marbella area so why?
First things first what is an illegal Marbella property?
Very simply it’s a property that never obtained a first occupation license and therefore is illegal.
Secondly what can happen to you if you buy an Illegal property without a first occupation license?
The most important factor to bear in mind is you have to be a cash buyer as it’s impossible to get a mortgage on the property. The exception to this rule is where the bank already has a mortgage on such illegal properties and will transfer it to the new buyer. Now however the banks are a lot wiser and will not lend on such properties. The most important factor for buyers of such properties is when you come to sell you can only sell to a cash buyer so selling such properties can be very difficult indeed.
Thirdly why do people continue to buy such properties?
The answer is primarily due to the fact that the majority of illegal properties are in the process of being legalized under the Marbella Town Hall plan (PGOU) with some exceptions notably River Gardens and Banana Beach that will in reality never be legalized. So at some point in the future the properties will be able to be sold without any issues. The other major reason people still buy such properties is the price that they can buy for and the location of some properties such as Los Granados de Cabopino which you just can’t buy at the prices they are currently trading hands for.
So should you buy Illegal properties in Marbella?
The advice is obviously not unless you see such an opportunity that makes sense for you but most importantly you must be aware of all the shortfalls with the major one being that you may never ever sell your property in the future.
If you want advice in making sure you don’t buy an illegal property in Marbella then please feel free to contact us at LuxuryForSale.Properties, We know the best real estate lawyers in Marbella.
LuxuryForSale.Properties Real Estate.
Collaborating with a reliable lawyer is crucial when buying your dream property in Marbella. A reputable agency can direct you toward the property that aligns with your requirements and preferences by assisting you in navigating the intricate real estate market.
LuxuryForSale.Properties offer a comprehensive range of services beyond finding you the ideal property. They also provide tax and legal advice, insurance, rental, and property management services. With a dedicated team at your disposal, they strive to ensure that all your needs are met when finding your dream property in Marbella.
LuxuryForSale.Properties offers you the maximun security as a buyer, because we have all the documentation relevant to the properties pre-vetted by experienced real estate lawyers and undertake detailed due diligence on every property we work with.
