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CONVEYANCING FOR PROPERTY PURCHASE
Legal representation and assistance is particularly necessary in Spain when purchasing or selling property. The Conveyancing process in Spain involves different degrees of participation by various parties: the seller, their legal representative, the real estate agent, the accountant, a notary public, the registrar, utilities companies, the town hall of the municipality where the purchase is being made, banks, and in some cases the local courts, regional authorities and even the seller’s neighbour (they may even have something to say). The lawyer will ensure that all parties are appropriately co-ordinated and followed-up with and will perform an investigation to ensure that the property is purchased without any previous charge or liability that could incur additional costs or reduce the property’s value.
What The Property Purchase Representation Service Includes
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Our conveyancing service includes the following:
1. Complete all necessary searches on the legal status of the property and the developer/vendor, informing the buyer/s of any issues discovered that may influence the decision or conditions of the purchase.
2. Liaise and agree with vendor/s and/or lawyers in respect of terms and conditions of the purchase, ensuring compliance with current laws. In the event that the vendors are non-resident in Spain, a lawyer ensures that any amount paid prior to completion is lodged safely with a resident party, preferably the vendor’s lawyer’s account.
3. Make preparations at the Notary Public for completion of the purchase or any further preparations required relating to the purchase such as preparation of powers of attorney for individuals abroad (duly legalised and translated) which give authority to a physical person/s to act on behalf of the buyers.
4. Assist in the completion process and ensure title deeds are properly registered in the appropriate local Land Registry, and that the property(ies) is free from all charges and encumbrances, free from occupants and tenants, as well as payment of the relevant taxes associated with the purchase.
5. Assist in locating, negotiating and obtaining a mortgage loan to finance the purchase of the property. The obtaining of the mortgage loan may be in the form of an approval in principle prior to the signing of the private purchase contract and is understood without prejudice to any other mortgage facility provided by the developer or the vendor.
6. Obtain the NIE (Número de Identificación de Extranjeros), or foreigners identification number.
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