Real Estate in Spain

As part of our legal services for property purchases, we analyse the planned transaction from a formal, legal and practical perspective. We help clients navigate the various stages of the purchase process safely, including:

• obtaining a Spanish foreigner’s identification number NIE
• assistance with opening a bank account in Spain
• verification of the property’s legal status at the Registro de la Propiedad
• analysing the Nota Simple document
• checking the seller’s legal title and any encumbrances on the property
• verifying information regarding mortgages, attachments, easements and other third-party rights
• analysing any outstanding liabilities associated with the property, including administrative fees and taxes
• checking the documentation relating to the owners’ association
• drafting or verifying the reservation agreement
• analysis and negotiation of the arras agreement
• verification of the documents required to complete the transaction
• assistance with the signing of the notarial deed Escritura Pública
• support with the settlement of the transaction and making entries in the relevant registers.

We pay particular attention to the provisions concerning the deposit, the conditions for concluding the final contract, the deadline for signing the notarial deed, the liability of the parties, and the consequences of withdrawing from the transaction. This helps to minimise the risk associated with signing documents whose consequences may be unfavourable to the client.

We also support owners planning to sell property in Spain. We help to clarify the legal status of the property, prepare the necessary documentation and conduct negotiations with potential buyers.

We analyse the proposed terms of sale, verify the obligations of the parties and help define the rules regarding liability for any defects in the property. Where necessary, we assist in the preparation of the reservation agreement, the arras agreement and the documentation finalising the transaction.

We also offer legal assistance with the drafting, analysis and negotiation of property tenancy agreements in Spain. In practice, simply designating an agreement as a ‘tenancy agreement’ does not in itself determine all its legal consequences. Key factors include, amongst others, the purpose of the tenancy, the term for which the agreement is entered into, the manner in which the property is to be used, and whether it is a permanent, seasonal, holiday or other specific type of tenancy.

Choosing the correct type of tenancy agreement is of significant importance for the legal position of both parties. The consequences of entering into an agreement for permanent residence may differ from those of a seasonal agreement, and may differ further from those of an agreement intended for short-term or holiday accommodation.