Legal Services
Conveyancing
Legal Services
Where are we?
· Santomera (Murcia)
· Hondón de los Frailes (Alicante)
· La Zenia (Alicante)
Free Consultation
Conveyancing
A conveyance is the legal document effecting the transfer of property from one owner to another.
Conveyancing is the term which most commonly refers to the legal process of transferring a property from one owner to another, usually in exchange for an agreed amount of money.
In this case an existing owner/s (VENDOR or SELLER) sells a domestic or commercial property to another person/s (PURCHASER or BUYER) for a mutually agreed amount of money (THE SUM). It is the term generally used to describe the transfer of ownership of a dwelling from one person to another and usually includes an area of land in/on which the dwelling is situated.
A Conveyance properly done ensures that the purchaser is the lawful and rightful new owner of the property.
Taking the right legal advice regarding conveyancing will ensure that the financial investment your made in your new Spanish home will be as safe as houses.
Once you have found your dream home, our team at
AP Legal Services
would start the conveyance process by checking that the property itself, whether it be a huge villa standing in its own grounds, or the smallest flat (in Spain, usually called an apartment), has been built in compliance with Spanish law. We will also need to investigate the land on which the property is sited and the construction of the property itself, to ensure that they too, comply with Spanish legislation.
To achieve this, we may need to apply to the local Town Hall (Ayuntamiento) in the municipality where the property is situated, for the relevant information about the property. We may also need to speak to local architects and building inspectors as well as consulting the national Land Registry.
This is necessary to properly assess the legal status of the property and to ensure that the proper documents, licenses, building permits, etc. relating to the property and its construction have all been issued.
Only after we have done all this, will we be able to assure our clients that they will not be faced with any unwelcome legal actions or unwanted fines or, worse still, demolition orders from the local government authority. Any of these could arise as a result of illegal construction work on the building.
PROPERTY PURCHASE REPORT
Once the legal checks are completed, our team of solicitors will be able to produce a report about the property. This report is unique to your house. It will enable us to answer any questions you may have about the purchase and it will enable you to understand all about the legal aspects of the property, what taxes you will need to pay and what expenses are likely to be involved in the purchase of the property. We are there to guide you through every step of the way along the legal path, right up until the day you walk through the front door, explaining in plain English about every aspect of the transaction.
LEGAL ADVICE FOR CONTRACTS AND DOCUMENTS
Our team of Spanish lawyers are specialists in a conveyance. They will assist you and advise you about all the documents and contracts that you will need to sign during the purchase process.
We will advise and explain to you about such things as:
At what stage it is necessary to sign any documents or contracts.
The pre-purchase contract.
All terms and conditions and to ensure are they fair and reasonable.
Any changes to the contract that we think are necessary.
MORTGAGE ASSISTANCE
In case you need finance to complete your purchase, in order to speed up the process, our team of lawyers will liaise with your bank assisting them with any questions they might raise. We will negotiate with them for the best possible rates regarding the mortgage.
PRIOR TO COMPLETION
Power of Attorney
P.O.A. This is a good option to consider. It will save you time and hassle and will allow us to act in your absence on your behalf. During one of your visits to Spain, we can organise P.O.A. in the local notary’s office or you could arrange it in your country of origin. There is no need for any concern about making a POA. They are very common in Spain but because they are so frequently used, the terms are very strict, being always under the supervision of a Notary, and nothing can be done without your consent.
NIE. (Foreigners Identification Number)
This document is absolutely essential and you will need one to do almost anything!! We can arrange to obtain yours.
COMPLETION
This always takes place in a Notary’s office. We will ensure that we have to hand documents from all the relevant parties – bank, vendor’s solicitor, brokers, estate agents, builders etc. – before you are asked to sign the purchase contract. Sometimes a vital document may not have been received and the completion date will have to be delayed. If you prefer not to issue POA and you intend to be present to sign in person, you must allow for the possibility that the completion date may need to be changed.
AFTER THE PURCHASE
We will ensure that the new property is legally registered correctly with you named as the new owner. We will ensure that all the relevant government taxes are paid and that the utilities (rates, water, electric etc.) for the property have been transferred into your name.
Now that you own an asset in Spain, it is absolutely essential that YOU MAKE A SPANISH WILL. We will be pleased to advise and to help you with doing so.
If you are looking for help and clarity in the purchase of your dream home in Spain, AP Legal Services is the company for you.
