The purchase of a property is one of the most important decisions one must make in their lives. For this reason it is highly advisable that you seek professional legal advice to ascertain the real situation of the property, to ensure that the property is not charged with any pending debts or taxes and that your purchase is safe.
Before becoming involved in any way with the Vendor or with the Developer by signing a private purchase contract, is it essential you have the back up of an expert lawyer to avoid surprises at the moment of buying.
Before signing the private purchase contract, the buyer must check certain aspects related to the property’s legal situation; such as the ownership at the property registry, the land tax, urban charges, building licence, First Occupancy Licence and its corresponding certificate.
The lawyers at Sanchez & Toro Abogados possess vast experience in property transfers, property purchases and have all the know how to deal with situations that require special care and attention. We therefore believe that legal advice from a specialised independent professional prior to the signature of any contract is essential, both if you are a resident in Spain or not.
It is not unusual to hear about people that have been cheated on when trying to purchase a property. Some examples of compromising situations have been detailed below and all of them can be avoided by contacting us before you become involved.
- When the Developer sells a property lacking the First Occupancy Licence. This type of fraud is, and continues to be, unfortunately, the most common in new builds.
- When a private purchase contract is signed and the bank guarantees is not handed over to the buyer, in buildings which are under construction.
- Concealment of urban charges of the plot.
- Concealment of the type of land that is being sold, that is, urban, rustic, etc.
- Unpaid debts with the Community of Owners of the property or even with the Town Hall.
- False representatives of the real owners, who act as their agent without being so, or even the use of false faculties or powers.
- False buyers that contact the vendor without trying to negotiate the Price and say that they would like to pay most of it in cash. There are different variants of this scam, but the most popular is the “rip deal”.
- False vendor or tenant of the property.
We shall be more than happy to assist and protect your interests, whether you have a property to sell or whether you are thinking of purchasing one. We shall study the general situation of the property and ascertain that it is free from any type of charges or encumbrances or identify any possible risks, and ensure that it is a safe operation. We shall also assist you on the day of the signing of the contract and deeds to ensure everything is correct and that you have understood all that is involved.
Should you wish, we can also deal with the payment of the relevant taxes afterwards.