Real Estate Law | Real Estate Lawyers

Buying a property in Spain

Our services

The PELLICER & HEREDIA in Alicante Real Estate Law Department has led the way in the Spanish legal services market by providing comprehensive advice on real estate deals, drawing on its in-depth knowledge of the various transactions and practices on the Real Estate Market. For more than fifteen years, the Department’s professionals have acted in many complex & ordinary real estate transactions.

The expertise of its professionals in the various legal issues involved in these types of transactions added to their in-depth knowledge of REAL ESTATE practices enables PELLICER&HEREDIA to advise on an array of real estate-related areas: the sale and acquisition of real estate and real estate companies, leases, development and construction contracts and real estate financing.

Our professionals are experts and are constantly instructed in real estate deals. This has led to their garnering plaudits from the leading local operators in the Real Estate Spanish market.

Sales and Acquisitions of Real Estate & Lease Agreements

PELLICER & HEREDIA has a team of lawyers specializing in the legal aspects of all kinds of real estate (houses, apartments, commercial property, hotels, homes for the elderly, residential property portfolios, golf courses and sports marinas), with specific know-how in the legal aspects to be considered when selling or purchasing such properties, as well as in real estate project finance and the arrangement of guarantees. Moreover, as a multidisciplinary firm, we are able to supplement our sector-specific experience with advice in the other fields of law that may be involved (tax, Planning Law, Company Law, International etc.).

Real Estate Department of PELLICER & HEREDIA

PELLICER & HEREDIA has a dedicated Real Estate Department, providing expertise in all legal aspects of the conveyance process and issues relating to contracts, rental contracts, mortgage floor rates, off-plan properties, buying properties through the courts, to name but a few.

The expertise of its professionals in the various legal issues, involved in these types of transactions, added to their in-depth knowledge of Real Estate practices, enable PELLICER & HEREDIA to advice on an array of Real Estate related areas.

We will perform the due diligence, such as checking any planning infractions or charges that may be attached to the property.

Ensure that you have a bank guarantee when buying an off-plan property. Review and check that the square meters that appear on the cadastral plan and registry, coincide with each other and the actual square meters of the property. This is important; spoken words don´t count when buying a property. Written documents must coincide with each other and the actual specifications of the dwelling and these MUST be checked.

Check that the property that you are about to purchase has the appropriate water and electricity bulletins. This can be an expensive and time-consuming process after you have bought the property.

Ensure that all of the paperwork, including the “certificado de habitación” (habitation certificate) or the “licencia de segunda ocupación” (the license of second occupation) are in place and registered.

Investigate the payment status of the community of owners and ensure that there are no outstanding debts.

As an independent multidisciplinary firm of solicitors and professionals in their field, PELLICER & HEREDIA are able to supplement our sector-specific experience with advice in the other fields of the law that might also be involved (Tax planning, Inheritance, Plusvalia tax Wealth tax, etc).

We take pride in offering the expat community in Spain, up to date changes in the law and information that could either affect, or impact on your life in Spain.

Our main goal is total customer satisfaction.

Pellicer & Heredia would like to offer you and your family peace of mind, so that you can get on with enjoying your life in Spain.

Please feel free to contact us with whatever legal questions you may have, if you are buying or selling a property, need a contract to be written or reviewed, need more information on the New Ruling on the Mortgage Floor Rate, or would like us to help you reclaim money that you lost, when you bought an off-plan property – according to the new legislation.

Situations in which a Lawyer specialised in Real Estate Law is of great help in the purchase of your property in Spain:

Whether we choose to buy a newly built home (off plan) or a second hand one, before taking this important step it is a priority to get information from a Lawyer specialised in Real Estate Law, not only about our rights as buyers, but also about our duties and all those things that can avoid important problems in the not too distant future.

The Lawyer can accompany us throughout the whole process of buying a property, especially important when we decide to buy a new property, as he/she will advise us and study all the information about the land, promoter and development until the property is purchased before a Notary. Including any due diligence that must be carried out on the Licence, guarantees and sureties, penalties, and qualifications in the Land Registry.

When a lawyer specialising in real estate law can help us with the purchase of a new or second-hand property.:

Study of the documentation on the developer of the property, the land and the development. Demanding all the bank guarantees and all the correct documentation to comply with the promotion-construction process until the final delivery of the property. Likewise, in the case of a second-hand property, study all the documentation relating to ownership, charges, urban situation, description of the property, boundaries of the land, etc.
When signing any private contract, a Lawyer specialised in Real Estate Law can study its content and inform you about what may be detrimental to you. It is advisable to hire a lawyer specialised in Real Estate Law from the beginning of the negotiation of the sale and purchase until it is registered in the Land Registry.
It is common to have to pay an initial amount and then monthly payments until the contract is signed before a notary. Therefore, it is crucial to carry out a thorough study and due diligence of the property prior to any major payment. Checking the possible debts and differences in the different administrations, from the Cadastre to the Land Registry, as well as the real ownership of the property for sale are some of the most important points that encompass a due diligence in the field of buying and selling a property in Spain.
Once the property has been completed and before going to the Notary, the Lawyer will study all the information obtained so far and will inform about the steps to take if we are not satisfied with any other circumstance.
A lawyer will inform us about all the licences that the property must have before the purchase or the signing of the mortgage..

Likewise, the lawyer will also be able to study the different binding offers given to us by the banks to check for abusive clauses that may exist in the mortgage.

He/she will also help us in all matters relating to the payment of taxes for the purchase of a new or second hand property and will be able to study the draft of the deed that we will sign before the notary days before signing it.

The purchase of a home is one of the largest financial outlays that anyone can face throughout their lives, so it is essential to be well advised legally before any step we are going to take.

Pellicer&Heredia provides you with legal advice on the purchase of your home. Put your peace of mind and that of your family in the hands of expert lawyers.