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The sales of a real estate in Spain - Why one should consult a lawyer

If the decision is made for the sales of the Spanish real estate, the owner offers the real estate either even or about a broker to the sales. In the age of the Internet and the digital picture processing the possibilities of the advertisement are quantitative as well as have qualitatively risen. Nowadays the potential real estate buyer investigates even on the Internet and meets a preselection. Because the choice is big, those her sales chances which offer a high information content raise. Nowadays thus it is essential to make an exact description of the object and to present the real estate, besides, with photos. Nevertheless, the anwaltliche practise shows that many shop assistants it in the approach fail to check whether the information given in the plan can be also proved juridically. Quite often it has seemed with my anwaltlichen activity with the representation of the interests of a buyer that this from the purchase of the object has refrained or could achieve considerable discounts, because the offered real estate did not agree with the juridical state.The possible problems are varied. Thus this can be a pool for which no planning permission was applied and the possibility of the additional legalisation was not cleared yet. Conceivable is also a company house with bath and kitchen which is put down in the land register as a garage, or a cellar which is completely developed, but neither in the land register or cadastral office is to be found. It has already seemed that with an offered land being (Finca Rústica) with a big country house and different stables only one house and appointments were noted without other information. The buyer who should pay a 7-figure amount did not want to be content with it.As a lawyer of the prospective buyer it is my duty to clear up the mandator about the situation and to point out him to the risks linked with it. Besides, the possibility of the legalisation is checked and ggfs. the überschlägigen costs is determined.The prospective buyer feels confronted in such a case with a situation which he has not wished. Now he has imposed the choice whether he refrains from the purchase on the shop assistant to repair the juridical defects before sales, or, however, the situation is of use to negotiate the price anew.The situation is also disadvantageous for the shop assistant. He runs the risk that the purchase winding up is delayed on account of the legalisations still to be done or to lose even the prospective customers. This is especially irritating with the big offer of Immobilen in Spain. If a prospective buyer has gone so far that he already instructs a lawyer with the check of the immovable, the possibility of the sales is very concrete.

Therefore, the recommendation can be given to the shop assistant of a real estate in Spain from anwaltlicher view to check his real estate very early from a lawyer.
With the help of a certificate the topical one the land register-juridical situation, the registration can be checked in the cadastral office, the building situation, as well as the presentation of the necessary documents. With it the shop assistant receives a topical arrangement of the essential documents for sales which he can pass on without delay to the prospective customer and wins a time advantage towards the other shop assistants who have not put together her documents yet. In practice this approach has already turned out sales-supporting.


If it becomes concrete then and delivers the prospective customer a satisfactory offer, the other juridical and tax aspects of the sales should be prepared already well to speed up the sales without other delay. Moreover, for example the gemeindliche appreciation of value tax to be expected (Plusvalia Municipal), but also the answer of the question of the possible profit taxation from the sales counts.


If you instruct a broker, you should fix the conditions of the broker's contract in writing and check the contract anwaltlich. With pleasure the broker asks for extensive competence you put away the control about Seen from the hand, by which.


With interest you request please further information and you lay out to yourselves already once her purchase document (Escritura) and the real estate tax answer (IBI). This are the first documents which are needed.

Source of information: Volker Borg's lawyer & Abogado Inscrito www.mallorca-pro.com

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