Is a lawyer/legal aid needed for a mortgage in Spain?
Engaging a lawyer when buying your home
Pedro thinks it is always wise to hire a lawyer when buying property in Spain. Buying a property in Spain is different from buying in the Netherlands, after all, and enlisting legal help can prevent many problems.
Among other things, a lawyer can help you revise the reservation and purchase contract, check for the right permits, check if there are debts present on the property and verify that the property is registered with the land registry.
If required, Pedro can put you in touch with a professional (Dutch-speaking) lawyer from our network. This will provide guidance on, among other things:
- Applying for a NIE number
- Spanish communication with seller or broker
- Consulting and checking the various property registers
- Checking property for mortgages, encumbrances and/or other attachments
- Checking permits for construction works on the property
- Checking IBI (property tax) returns
- Checking whether planning permission is present
- Checking whether decenal insurance is in place
- Checking certificates such as the cédula de habitabilidad and the licencia de primera ocupaccion
- Drafting or checking the reservation contract (if necessary/necessary).
- Drafting the (preliminary) contract of sale (contrato de arras or contrato de compraventa)
- Negotiate with counterparty on terms under which the sale is concluded
- Consulting a notary in Spain to sign the purchase agreement
- Assistance in signing the notarial sales contract
- Arranging taxes (impuestos) when buying and transferring property
- Arranging tax returns for home ownership and/or operation, such as property tax, income tax and wealth tax in case of rentals.