Any client considering purchasing an overseas property is advised to familiarise themselves with the laws and policies of purchasing property in the specific country.
If you are serious about purchasing the property you have chosen, you will require some legal advice and it is commonly recommended practice that, when purchasing in Spain , a Spanish lawyer is used. This is, however, not compulsory and you are free to appoint the lawyer of your choice. Should you not already have this side of your purchase covered, SJS are happy to introduce the independent legal services of MARTÍNEZ-ECHEVARRÍA, PÉREZ y FERRERO ABOGADOS.
Based in Marbella, Spain and with multilingual qualified solicitors at your disposal, Martinez Echevarria, Perez and Ferrero Solicitors was founded in 1983, a Practice completely dedicated to providing the highest quality in legal services. At this Practice, all efforts are driven by a vocation to be innovative and a strong commitment in achieving the goals set out by the client.
Already working with many of the largest Property agents and Developers in Spain , their professional services include advice ranging from the Corporate and Commercial to the Litigation fields, in all areas of the Law.
The prime difference between this Practice and others, is its International nature. This becomes apparent through their presence in several European countries where they own offices: United Kingdom, France , Bulgaria and Turkey , as well as through the number of national and international individuals and companies who receive their advice and assistance in Spain .
The main asset is their team of over fifty lawyers who bring on board a high degree of specialization and strength of commitment, providing the Practise with a competitive service.
A London presence can reassure the client and Martinez-Echevarria, Perez and Ferrero are excited to announce that , the legal practice of Spanish solicitors and Notarial services led by Héctor Díaz has recently joined the Company. During the last twenty years, Héctor Díaz & Co have excelled in their dynamism and efficiency when representing and defending Spanish interests in the United Kingdom , providing Notarial services when acting as a consultant and channelling British investment in Spain. These factors have turned Héctor Díaz & Co into a practice, which is a leader in this sector, this leadership being reaffirmed with its incorporation into the Firm.
Most reassuringly, the Company has a specialised department dedicated solely to Real Estate Law.
A co-ordinated work team is in place to offer quick solutions based upon client requests, ensuring that UK investors are familiar with the Spanish law and its common practices and can benefit from the great experience of the company solicitors. In the real estate law department, the individual solicitor works in the clients' mother tongues (English, French or German) in order to make the understanding of the procedures that lead to purchase and sale more straightforward. |
Most frequently, the professional services will focus on several fundamental issues when buying property in Spain . Any solicitor the client chooses should always ensure that the necessary checks are made and relevant procedures followed. They should be able to. 1) Ascertain who is the owner of the immovable property the client intends to buy. 2) Verify that the property under construction is legally registered in the corresponding Property Registry. 3) Check that the property is free from charges (mortgages, seizures, etc.) 4 )Ensure that the property has been granted by the Town Hall the corresponding municipal building permit. 5) Check that the legal prescriptions of the planning and building law are complied with. Your chosen legal representative should also help you with The study, preparation and signing of whatever private contracts (reserve agreement, option contract, sale contract) or public ones (purchase/sale deed) which are deemed necessary to execute the purchase operation. The normal procedure is to sign first a private contract, and after a reasonable lapse of time, to sign the sale/purchase deed. The payment of all the expenses and taxes arising out of the above mentioned sale/purchase public deed and to obtain the registration thereof in the corresponding Land Registry. Simultaneously, your solicitor should, when applicable, be able to process the change in ownership of all the bills, supplies and taxes concerning your new property, and if requested should be able to arrange the direct debit with you for those bills (direct payment must be made by your own bank in Spain ). If you find that MARTÍNEZ-ECHEVARRÍA, PÉREZ y FERRERO ABOGADOS meet your requirements as the client, please feel free to contact Luis Carbajo at; Martínez-Echevarría, Pérez y Ferrero Abogados Centro de Negocios Puerta de Banús, Bloque D, 1ª planta C.N. 340, Km. 175, 29660 - Nueva Andalucía, Marbella, Málaga (España) Ph.: + 34 952 76 50 00 Fax: + 34 952 76 44 76 E-mail: marbella@legalindependence.com Website: www.legal-independence.com |