Alba & Luna Real Estate LAWYERS in Benalmádena -Arroyo de la Miel.
"Start your property journey with confidence! "
We are an independent law firm that assits foreigners with buying and selling property in Spain.
A notary, in Spain, does not guarantee the accuracy of statements made in a contract. That´s why it’s essential to have a lawyer on your side—to review, negotiate, and manage every legal detail of the process and prevent future problems.
Our Legal Support Includes:
Verifying that the seller is the legal owner of the property.
Ensuring the property is free of debts and matches the description provided.
Making sure your purchase complies with Spanish law to avoid legal issues in the future.
Negotiating the purchase terms directly with the seller.
Drafting or reviewing the pre-agreement (arras).
Checking if the seller’s mortgage has been canceled.
Preparing everything for the closing
Before the notary appointment, reviewing all documentation and solving any last-minute issues, such as:
Problems with mortgage cancellation.
- Inaccurate property registration.
- Last-minute requirements from your bank.Problems with mortgage cancellation.
Confirming that any existing mortgage on the property has been fully canceled.
- For new constructions:
Reviewing construction permits and licenses.
Checking if the mortgage has been subrogated from the developer and advising on cancellation or proposing a new mortgage if needed.
At the Closing
Attending the notary appointment and signing the deed.
If you cannot be present, we can represent you with a power of attorney, which you can obtain either in a notary in Spain or at the Spanish Consulate in your country.
After the signing, we ensure the property is correctly registered in your name at the Property Registry.
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.