Alba & Luna Real Estate LAWYERS in Benalmádena -Arroyo de la Miel.
"Start your property journey with confidence! "
We are an independent legal service to help foreignar people both to buy or to sell a property in Spain.
A notary does not guarantee the accuracy of statements made in a contract. This is the main reason to contract a lawyer to supervise, negociate and carry out the following points, in order to avoid future problem.
- Confirming that the seller is the owner of the property, find out if the property is free of debts and if the property matches the seller´s description.
- Ensuring our customers that are buying in accordance with the Spanish law, to avoid this way future issues.
- Deal with the seller, the terms of the purchase.
- Draw or review the pre-agreement.
- Review that seller´s mortgage, if it was canceled.
Ready for the closing
- Before going to the notary: review all documents and make all necessary preparations for the signing. This includes resolution of any issues that may come up, such as problems derived from cancellation of seller´s mortgage, incorrect inscription of the property and last minute requests from the bank regarding the mortgage.
- Confirm that the seller´s mortgage, if any, has been canceled.
- For a new construction, review the mortgage in case it has been subrogated from that established by the developer or cancel it and if it were necessary, propose a new motgage.
- For a new construction, we check all the construction licenses.
The closing
- Signing at the notary´s office.
- If you are unable to be present at the closing, we would need a power of attorney to sign on your behalf. You can get it either in a notary in Spain or at the Spanish Consulate.
- Once the closing is completed, we follow up to ensure that the property is correctly registered at the Property Register.
We recommend knowing the legal situation of the property before signing as it may have debts and encumbrances, which would become burdens for the new owner, hence the importance of being properly advised.
Analyse and draft all the clauses of the contracts to be signed, in a very meticulous way, within the process of purchase and sale such as the deposit contract, the mortgage, deed, etc…, avoid accepting abusive clauses or signing something counterproductive to your interests.
Alba & Luna Real Estate Lawyers in Benalmádena
Would you like to speak directly to a lawyer?
20 years of experience in representing foreign clients in the purchase and sale of property on the Costa del Sol.
Alba & Luna Real Estate Lawyers Benalmádena.
How may us help you?
REAL ESTATE LAW
- Conveyancing process to buy a house in Spain.
- Contracts for the purchase and sale of real estate and plots of land.
- Property registration.
- Registry charges.
- Preventive annotations of seizures.
- Claims for construction defects and delivery of properties with finishes inferior to those offered in the specifications.
- Enforcement of guarantees.
- Claims for defects or faults in the properties acquired.
- Property registration regulations.
- Deposit contracts.
- Drafting and/or revision of property purchase and sale contracts.
- Termination of contracts due to non-payment.
- Possession proceedings / boundaries, delimitations.
- Mortgage auctions.
- Judicial seizures.
- Reclamation of paid capital gains tax.
LEASES / URBAN RENTALS
- Evictions due to non-payment and expiry of terms.
- Express evictions.
- Termination of contracts.
- Transfers, assignments and subleases.
- Updating and legitimisation of rent, repercussions of services, supplies and works.
- Rental contracts for premises, dwellings, garages, etc.
- Registration of properties as tourist flats for holiday rentals.
- Claims for payment.
- Purchase and sale contracts, leases, purchase options.
- Claims for damages caused to the property by the tenant.
- Defence in evictions.
- Business transfers.
Alba & Luna Real Estate Lawyers in Benalmádena
Would you like to speak directly to a lawyer?
Contact us over whatsapp or over the telephone.
Find below some of our customers frecuently questions:
Yes, it is possible to purchase a property in Spain without being physically present. To make this happen, there are two key requirements: a power of attorney (POA) and a NIE (Foreigner Identification Number).
Power of Attorney (POA)
A power of attorney allows us to act on your behalf and handle the entire process of purchasing the property. This includes everything from conducting legal checks to signing the final deeds.
How to obtain it:
- If you are in Spain, we can guide you through signing the power of attorney at a Spanish notary.
- If you are abroad, you can visit the nearest Spanish consulate or a local notary in your country.
- In this case, the document will need to be legalized with the Apostille of The Hague to be valid in Spain.
NIE (Foreigner Identification Number)
The NIE is a mandatory tax identification number required for any legal or financial transactions in Spain, including buying property. Without a NIE, the purchase cannot be completed.
How to obtain it:
- If you are in Spain, we can assist you in applying for your NIE at the relevant immigration or police office.
- If you are abroad, you can apply for it at the nearest Spanish consulate.
- Alternatively, with the power of attorney, we can obtain the NIE on your behalf in Spain.
Selling a property in Spain while living abroad is straightforward with the right legal assistance. To ensure the process is smooth, you will need a power of attorney (POA) and a NIE (if you don't already have one).
Power of Attorney (POA)
A power of attorney allows us to manage the entire sale process on your behalf, from preparing documents to signing contracts.
How to obtain it:
- If you are in Spain, you can sign the power of attorney at a local Spanish notary with our assistance.
- If you are abroad, you can sign it at the nearest Spanish consulate or with a local notary in your country.
- If signed abroad, the document will need to be legalized with the Apostille of The Hague.
NIE (Foreigner Identification Number)
If you already own a property in Spain, you likely obtained a NIE when you purchased it. However, if you do not have one or cannot locate it, it is necessary to request a duplicate or reapply.
How to obtain it:
- If you are in Spain, we can assist you in applying for or retrieving your NIE at the relevant office.
- If you are abroad, you can apply at a Spanish consulate or allow us to obtain it on your behalf with the power of attorney.
Alba & Luna Property Solicitors in Benalmádena understands the unique challenges international clients face, from unfamiliar regulations to language barriers.
Contact us over whatsapp or over the telephone.