Why You Need Legal Advice to Sell a Property in Spain
6 good reasons to hire an english speaking Spanish solicitor
Whether you’re buying or selling a property in Spain, you’ll need legal services and support throughout the process in order to avoid problems.
A solicitor in Spain can provide guidance throughout the buying process or simply assist you in a small part of it, whatever you require. The legal services and legal advice cover all the stages of the process, so you don’t have to worry about anything.
If you need to sell a property in Spain, it’s very important to get the right legal advice so everything runs smoothly, which is why it’s advisable to find a legal adviser with expertise in urban law.
Why You Need a Legal Adviser When Selling a Property in Spain
If you’re selling a property in Spain, it’s important to have a legal adviser to assist you in the process. Many sellers don’t do this and they leave everything to their real estate agent or try to handle things themselves. This is a mistake.
However, you need to make sure the sale is done properly so you don’t have to deal with any issues in the future. This is particularly important when you’re selling in a different country, which is why you must get professional guidance.
Here are some of the things an expert Spanish lawyer can help you with:
- Taxation Liabilities
Having a Spanish lawyer by your side when selling a property in Spain will make sure that all the taxes you’re liable for are properly accounted for and paid for. They will also make sure you don’t overpay on taxes related to Capital Gains, which saves you a ton of money!
- Spanish Purchase Contract Obligations
Having a Spanish legal adviser will keep you from suffering any legal consequences in the future relating to purchase contract obligations. They will also make sure that you get an “option to buy” purchase contract, which will protect you from buyers who don’t complete the purchase.
An option to buy contract is an agreement between two parties where an investor or tenant pays a fee in exchange for the rights to purchase property at some point in the future. You can have a straight option to buy a contract, which is a unilateral contract that only binds the seller to its terms.
Not to mention, they make sure the contract is worded and created correctly so your best interests are protected. Otherwise, if there’s an issue, your only option to receive adequate compensation would be going to court in Spain, something that should be actively avoided.
- Holding Deposit Money
If the buyer has to hold the deposit money in an escrow account instead of receiving it directly, only a Spanish lawyer or public notary can hold that account, which is yet another reason why you need to hire one.
- Property Misrepresentation
If you misrepresent the property you are selling in Spain, you are liable for future legal action. Hiring a Spanish lawyer will allow you to make sure that doesn’t happen and make sure the entire process follows protocol.
- Loss of Sale
It’s not uncommon for house sales to fail due to property issues identified by the buyer’s lawyer. If the issues found can’t be resolved or the buyer’s lawyer fails to understand them, they will advise their client to withdraw or make the issue seem worse than it is, and you will lose the sale. An expert Spanish lawyer will be able to save the sale by providing explanations and effective resolutions.
- Paperwork Completion
A Spanish solicitor will trace all the right paperwork for the buyer’s lawyers and make sure you’re paying the right taxes. This will save you time because you won’t have to come to Spain to do that yourself and your Spanish lawyer will also deal directly with authorities, thus saving you more time and even money. They will handle all the requirements to ensure all the paperwork is in order, which will be a huge weight off your shoulders.
Other Requirements for Selling a Property in Spain
Many property sales and purchases don’t go through due to paperwork issues. If the Spanish notary offices determine that the paperwork has not been well prepared or presented, they will halt the property sale or purchase.
It’s essential that the legal processes are followed correctly, which is why you need expert legal advice.
When a sale falls through, it can be expensive for everyone involved and it also represents a huge loss of time. Not to mention, the seller is vulnerable to a breach of contract if they weren’t able to hold their side of things.
The documentation required when selling a property in Spain has increased in recent years. That means there are many more responsibilities to cover, which is not something you can do on your own and you definitely shouldn’t leave it to your real estate agent because they are not specialists in legal advice.
Are you ready to sell your property in Spain? Do you want it to go smoothly? If the answer is yes, contact us to enjoy the best legal services!
So if you decide to buy a property in Spain get in touch with the best english speaking solicitors in Spain.
