Some buyers believe that all purchases are the same, and once you buy a property in Spain, you already know everything you need to be able to buy a property. They could not be more wrong.
Each purchase is totally different from another, even with the same purchaser. As the property is totally different, the owner is different, and circumstances could change the whole scenario.

Our case was:

The client was a first-time buyer, a non-resident in Spain, a holder of a non-EU passport, married under the special marriage system, and had one child. She wanted to buy part of the property, but had no bank account in Spain yet. The property was registered with some meters in the land registry and others in Catastro. She wanted to buy partly in cash and partly with a mortgage, and the owners did not use a lawyer, only a real estate agency.
The buyer was advised by her agency that they could not help them as they are not legal experts. The notary informed her that she needs a real estate lawyer to be able to cover all her needs and that only an expert real estate lawyer could provide all the legal assistance notaries do not know about taxes, international law, town plan law, or even some consumer rules for non-residents. So, the notary recommended me as I have represented many complex cases like that during my large experience as a real estate attorney in Spain.

First: International private law: power of attorney: we managed to complete this formality for them as simple and easy as possible according to the law as required for the purchase to be fully done, reducing their cost to the minimum and the time consumed for them, which is really appreciated by our clients. Thanks to our knowledge of private international law, we could prepare not only the right draft of the deeds for the power of attorney, but if not, we could schedule where our clients need to go, when and how much the cost is, and where it needs to be legalized in order to be valid in Spain. International documents are not directly accepted in Spain if they are not previously legalized according to international rules that, depending on the country where you are, will apply one rule or another. Due to our  international law formation and experience, we quickly managed all the steps from her home country to Spain.

Second: NIE We need to organize the formalities to complete the purchase from her side. We organized the NIE, taking care of not only standard formalities but also her special circumstances as a holder of a non-EU passport, which took a long time to achieve due to the non-availability of the application system. With our experience, we managed to solve each issue that we found, and we were able to complete this step on time with all legal requirements.

3.Third:Property law. Due diligence, as property expert lawyers, we found out that the property was not fully registered at the land registry with the right size or that the license was not fully in place. That was a big challenge as the owners did not have a lawyer who represented them and the agency did not know the law, so this complicated the negotiation that could be easily resolved with another expert lawyer and even did not benefit the owners as charges and problems were double to them than if they would have used their own lawyer as the agency made many mistakes trying to do a job that is not agency jon. Agencies are only commercial and have no knowledge of property law, only basic information. Obviously, they are not experts in law or able to complete legalities.

Town planning law: Therefore, we have to defend our clients with strong and legal arguments to ensure that the property is transferred according to the property law and the town planning law. Thanks to my knowledge of town planning law, I explained all the procedures that need to be done by the lawyer, notary, land registry, architect, town hall, and catastro. After many drafts, meetings, and calls, the agreement was finally reached for the purchase to go through, and I assumed the work would be done by retaining the amounts from the owners. I completed all the legal procedures on their behalf, and the clients were relaxed as they bought a property that matched all the legalities required, saving the buyers more than 5.000€ in costs that no other professional could have done for them. Only real estate attorneys have the whole picture scenario to manage the total procedure from the buyer’s right protection side.
Bank commissions and mortgages: consumer law. Our consumer law knowledge helped the buyers not only complete the opening of the bank account in Spain, if not revise all bank commissions over the purchase, the transfer, and the mortgage contract conditions. Due to my expertise on this and my negotiations on their behalf, clients were able to save more than 6,000 euros in commissions.

Purchase taxes: the client wanted to have her child included in the property purchase deeds and so asked how to do it. Thanks to our purchase tax law knowledge, we provide a full tax strategy to make the purchase as best as possible from the tax point of view, not only in the short term but also in the long term. They enjoyed our tips and were amazed at how simple things were after our advice.

Finally, our client received the key to her dream house in Spain already registered in her name, saving her all the extra costs that could arise. The property was fully legal with a license, and the right size was registered. She could not be more happy and has not stopped recommending us since then. Each time he buys a property, she says, “Virginia, please, make your magic,” which is my legal work as a real estate lawyer in the purchase.

Do you want to purchase a property in Spain? Contact us for further information:

This article is accurate and true to the best of the author’s knowledge. Content is for informational or entertainment purposes only and does not substitute for personal counsel or professional advice in business, financial, legal, or technical matters.

© 2024 Virginia Ramos Martos