In response to several enquiries received from expatriates, about how is the best way to proceed with a sale of a property in Spain, where the owners do not live in this country (although these tips also work for the owners residents in Spain), and how can we help them from our law firm, in this article, we would like to inform you about the issues that must be taken into account, when selling a Spanish property:
.-Due Diligence of the Property. Study of the urban, legal, etc. situation.
It is essential when putting a property on the market to know and be able to prove its legal situation, and if possible it is really important to be able to have all the documents in place and ready to be shown and to prove to a prospective buyer that the property is in a correct legal, urban, cadastral , etc. condition. This will shorten the deadline and completion of the sale and will avoid future problems. Our office will carry out a due diligence of your property, so that you know its full legal situation and if there are some aspects that could delay or put in risk a possible future sale. Our office will confirm if your property is ready for sale, or if it is the case, identify possible problems and help you to solve or prevent them. For this purpose we can assist you in obtaining the occupation license, updating the cadastral and land registry description, obtaining reports from the Town Hall confirming its correct urban situation, etc.
.-Coordination and legal assistance with sale agents. Whether you are in Spain or not, our office can help you in coordinating the sale through real estate agents and other sales channels, reviewing and negotiating the contracts to be signed with them, to ensure the protection of your rights, fair and adequate fees, a correct assessment of the property value plus negotiating the correct contract conditions on your behalf, etc.
.-Fiscal Tax Due diligence. Our office will help you in reviewing your tax situation in Spain, and confirm if it is correct, and inform you about the most efficient and effective way from the tax point of view to proceed with the sale of the property.
.-Contracts and legal documents to be signed. Our law firm will draft, supervise and negotiate on your behalf the contracts and public deeds of sale to be signed, in order to make sure that they are adequate for the protection of your rights and interests, always taking into account the circumstances of the transaction.
In general, our office can represent your interests in Spain at the time of the sale of a Spanish property, providing an full comprehensive service for sellers, who will be constantly informed about the different legal options, possible kind of contracts to be signed, valuation of real estate, etc. in order to ensure the protection of the owner’s interests, who sometimes, due to ignorance of the applicable legal regulations and the proper way of proceeding in Spain, end up selling a property assuming unnecessary risks, paying excessive expenses and commissions, etc.
If you or someone you know wants advice and legal coordination of a sale of a property in Spain in an efficient, effective and risk-free manner, contact us and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Telf: +34 966 426 185
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