Purchase and sale of Real Estate

Real Estate

If you are planning to buy or sell a property, the first thing you should do is contact a real estate lawyer.

Lawyers specialized in tax matters

Tax in Spain

Lawyers specialized in tax matters, we offer fast general tax advice with the Spanish tax legislation.

Wills and Inheritance in Costa del Sol

Inheritance & Wills

Inheritance of real estate, you would have to deal with the inheritance, we help you.

Company and business matters legal

Legal

Whether you are resident in Spain or not, if you have any problems, we are here to help.

WORK SYSTEM MARBELLA

Work System

We are underscoring our determination to understand client’s needs and deliver tailored solutions.

Don't wait any longer, call us.

REAL ESTATE

Purchase of
Real Estate

We offer an excellent service at very reasonable prices

If you are planning to purchase a house, a plot of land, or any kind of commercial property in Spain, the first move you should make is to contact a Spanish solicitor.

Buying a home in Spain on your own can be a complicated and confusing process for those who are not Spanish speaking, involving unfamiliar legal transactions and large sums of money. There is also a significant amount of legal work involved to ensure the transaction is made safely and complies with all Spanish legal & tax regulations.

We understand that your property in Spain will probably be one of the biggest financial commitments you will ever have and accept the responsibility of making sure your purchase is looked after properly, and that your interests are protected.

Our standard fee for conveyancing is 1% of the purchase price (including 21 % VAT).

Sale of Real Estate

We aim to provide superb service for property sales at a realistic price.

If you are planning to sell a house, a plot of land or any kind of commercial property in Spain, it is essential to take advice in order to minimise Capital Gain Tax and submit the right Tax returns.

If you decide to contact us, we can:
  1. Recommend a suitable estate agent to market your property.
  2. Prepare all relevant documents and deeds that the buyer will need. Delays could prejudice and hinder the sale.
  3. Explain the procedure involved and Tax implication of the sale such as Capital Gains Tax.
  4. Assist you before the Public Notary or act on your behalf if you cannot be in Spain to complete the sale.

Summary of The Conveyancing Process

Making the right moves makes the process safe and straightforward.

Here is a summary of the process from a practical and legal point of view. If you are purchasing, Full information on the property must be obtained from the seller’s solicitors (Title Deeds, official number of the property at the Land Registry, Local Tax receipts paid, utility receipts, etc.). It is also necessary to carry out searches to establish whether or not there are charges or any public works affecting the property (such as motorway schemes) and whether there are any planning restrictions in the same way you would in your country. On the day of completion, the full purchase price is settled, and ownership transferred to your purchaser.

On exchange of contracts, the purchaser will be asked to pay a pre-agreed deposit (normally 10% of the price) and a completion date is agreed.

On the completion date, Purchase Title Deeds will be signed before a Public Notary and the full purchase price is settled.

If you are selling,
You will need to provide full information regarding title deeds on the property to your buyer’s solicitors.

Constructing your own Villas

Our aim is keep our clients 100% satisfied

Taking a cross -border initiative such as building your own house can be a daunting experience. Obtaining the right guidelines is vital.
We can steer you through the maze of Spanish Laws and regulations by offering a comprehensive service, with our local knowledge, and network of surveyors, architects, estate agents, builders, etc. we can promise that your building project will be managed seriously and professionally from conception to completion, ensuring that it is completed on time, meeting your requirements and within your budget.

Tenancy & Rental Matters

One of the most delicate parts of the Spanish Law

Whether you are a landlord or tenant, not requesting professional legal advice when you are going to sign a written rental contract or agreement concerning residential or commercial property, can cause serious problems for you in the future.
Before signing, please let us read the lease carefully and suggest deleting or changing any clauses that in our opinion severely limit your rights or can prejudice you in the future.Let us use our knowledge to protect your interests.

Mortgages, Loans & Refinances

Let us find the finance you need

If you need to borrow in order to purchase a property in Spain, there are a number of ways we may be able to help. Whatever your requirements, contact us and we will be happy to advise you on the best way of borrowing the money you need.

We deal with the most respected Spanish Banks for mortgages (CAJASUR, CAIXA SANTANDER, BBVA and SABADELL ATLANTICO) and can make it easier for you to negotiate and choose a mortgage that suits your personal needs and circumstances.

Inheritance of Real Estate

Inheritance Deeds are required to be signed in order to transfer legal ownership of Real Estate Properties

The inheritance of real estate properties is something that all families have to deal with when a relative who owns property in Spain dies. It must be done within 6 months from the date of the death.

Unfortunately, the transfer of legal ownership of real estate properties from the person who died to their relatives/friends is not done automatically. Inheritance deeds must be signed in front of a Public Notary by all the heirs. Also, inheritance taxes would have to be paid. Therefore, it is essential to have the right legal and tax advice to arrange everything correctly and try to avoid or minimize these inheritance taxes.

We can deal quickly and professionally with you and your inheritance.

Nie numbers & Other Legal document for Foreign Residents

You are able to take full advantage of all our knowledge and expertise.

We understand that foreigners or non-residents can have many linguistic and cultural problems in dealing with Spanish Authorities and other bodies. Steps to obtain documents such as Residence Permits, NIE number (fiscal Identification number), drivers’ license, etc. are normally not complicated but the process can be difficult if the right guidance and advice is not requested.
We have a great deal of experience in obtaining all kinds of documents for foreigners and non-residents, and can also arrange for the notarisation, legalising, translation, and apostilling of documents. We can help you to save time and avoid problems obtaining permits and documents on your behalf or advise you of the precise steps you have to follow to request them yourself.

NIE Number (Fiscal Identification number for foreigners

If you are not Spanish, you will need a fiscal identification number if you intend to conduct any financial transactions within Spain. This number is called NIE, it is personal and can be obtained from the National Police Station in your area by completing an application form, supplying documentation to prove your identity, together with various other documents, depending upon your situation.

If you intend to buy property, buy a car, take out insurance, or carry out any other financial transactions in Spain you will need an NIE number.

We can help and have helped many of our clients to obtain their NIE in Spain.

Car registration, drivers’ licenses, translations and apostilling of documents, containers, (contracting an insurance), etc.

Obtaining these documents in Spain can be sometimes very complicated for those who do not speak Spanish and have to deal with different Spanish authorities: Custom public bodies, Inland Revenue, Traffic Authorities, Patronato Offices, Local Town Halls, Regional Governments, Social Security Authorities, Police offices, etc.

Why deal with these complicated matters alone when our Law Firm can do it for you?

We can arrange all these legal paperwork’s on your behalf so you save time and money.

The aim of Marbella Solicitors is to provide rigorous and professional legal & tax services
in a fast and efficient manner and at a reasonable cost.

TAX IN SPAIN

General fiscal reports, advice and assistance

Efficient and effective tax information to protect your interests

We know that clients are demanding more and more customised services, better value and instant responses to enquires. As solicitors specialised in Tax matters, we offer the possibility of providing quick general tax advice or preparing written technical fiscal opinions on any matters regarding Spanish Tax Laws.

Within 24 hours of receiving an enquiry, we will give you an estimation of our fees for preparing a written report and the time we need to prepare it.

Tax advice & assistance

Our clients will never have to hear “I’m sorry…”

We understand that nobody likes paying Tax and it can be a problem when you have to fill in your own tax return every year.

Tax self-assessment in Spain can be one of the biggest upheavals for those who are not Spanish, do not speak Spanish, and do live and/or work live in Spain. They will be expected to calculate their tax bill and pay their tax on time.  Penalties, interest and surcharges will have to be paid if taxes are not correctly paid on time.

It sounds daunting but we are in Spain to help you deal with your tax affairs professionally. We will advise on the best taxation planning for your particular case and explain how you can avoid taxation without breaking the Law.

Why wrestle with your tax affairs in Spain alone when expert help is readily available at Marbella Solicitors?
Our qualified taxation team offers a complete tax return service including advice on self-assessment, calculating and minimising your tax bill, timing tax payments and avoiding penalties and surcharges. Use the experts to get it right for your peace of mind.

Double tax treaties

Get the right advice. Do not pay taxes twice !

Spain has concluded double taxation treaties with several nations with which it has considerable trade and economic relations. Most European countries have double tax treaties with Spain. A list of the countries and a copy of the tax treaties can be obtained from the Spanish Inland Revenue web site www.aet.es

Any individual or company, (resident or non-resident), may deduct a foreign tax credit to avoid double taxation. So before paying any Spanish Tax possible double taxation treaties applicable to the taxpayer must be studied. We can provide you with a copy of any double taxation treaty signed between Spain and your own country.

We always give our clients the best solution to their tax problems.

INHERITANCE & WILLS

Inheritance of real estate

If you Inherit a property in Spain then you are required to sign an Acceptance Deed in front of a Public Notary in order to transfer the legal ownership into your name.

The inheritance of real estate properties is something that all families must deal with when a relative die, and they own property or assets within Spain. You would have to deal with the estate and file the paperwork involved with the appropriate authorities within 6 months from the date of the death.

Unfortunately, the transfer of legal ownership of real estate properties from the person who died to their relatives is not done automatically; Inheritance deeds must be signed all of the heirs also inheritance taxes will have to be paid. Therefore, it is essential to have the right legal and tax advice to arrange everything correctly and try to avoid or minimize these inheritance taxes.

If you decide to contact us, we can:
  • Advise and guide you Inheritance in Spain.
  • Help you to arrange and collect all required legal documents (true copy of will, certificate on last will signed, death certificate, land registry information, application of Tax NIE numbers for heirs, Town Hall information on the property, etc.)
  • Give advice on Inheritance Tax, and explain the whole procedure for the distribution of the estate.
  • Assist you at the Notary Office when you sign your Inheritance deeds.
  • Help you to receive and register in your name the real estate properties, and arrange Spanish inheritance deeds where a relative has died with or without having a will.
  • Advise you on Inheritance Tax planning and if necessary on the creation and administration of Trusts.

Spanish wills & inheritances

A will is one of the most common legal needs, but less than 25% of Europeans have one.

As you may know a will is not exclusively about making sure that the right people will inherit without disagreement or problems. It is a formal declaration of intention made by a person in their life-time of their wishes concerning the disposal of their property after their death. We understand the need to preserve and protect your assets and those of your family. If you are purchasing or already have a property in Spain, we strongly recommend you to make a Spanish will in order to facilitate the distribution of your Spanish assets.

We advise all our clients that own property or assets in Spain to make a Spanish testament which will detail their wishes for the distribution of their assets after death.

This is particularly helpful for non-Spanish inheritors as the Spanish system is easier where a will exists.

Our standard fees for helping you to prepare and sign a Spanish will are 150 euro for one Will (21 % VAT and notary fees included) and 300 euro for two Wills (21 % VAT and notary fees included).

When you inherit a property in Spain, you must sign a Deed of Acceptance before a Notary Public, we make the whole process easier for you.

LEGAL

Company & business matters

A full co-ordinated advisory service in the legal, financial, tax and accounting fields

Taking a cross-border initiative such as setting up a business on your own in Spain can be a daunting task for those who are not Spanish and do not speak Spanish. Having the right help and information can often make all the difference. Marbella Solicitors can steer you through the maze of Spanish Laws and regulations, give you access to the right people and help you avoid misunderstandings. Such guidance is an essential requirement for doing business in Spain.

To help your business become firmly established in Spain we will provide all the necessary legal advice, information, guidance and the highest level of attention and service from the first moment you contact us.

Preparation & negotiation of contracts

Well drafted terms and conditions will help you avoid disputes and save considerable time and money

There is a Golden Rule in all countries: Do not sign any document (public or private) or agreement without consulting a solicitor.

It is vital that an experienced professional study the terms and conditions of any agreements which have to be signed. Not following this Golden Rule can create many future problems and cost a lot of money, so before signing any document or agreement please contact a professional.

We can review, prepare, and negotiate any kind of contract or agreement on behalf of our clients.

Litigation & court matters

You can count on our support

Whether you are a Spanish resident, or not, if you have a serious problem or dispute you can count on our support. Whether you are plaintiff or defendant we are here to help. We will meet and discuss the most appropriate way to deal with your issues. After studying the matter we will advise how to resolve it through negotiation or arbitration.
When necessary, we will help you through the difficult process of taking the matter to Court. But as we understand that this can be a lengthy business, before launching into litigation we will talk to you about finding ways of settling your dispute, which meet with your approval.

General legal reports, advice and assistance

Efficient and effective legal information to protect your interest

We know that clients are demanding more and more customised services, better value and instant responses to enquires. As solicitors, we offer the possibility of providing quick general legal advice or preparing written technical and legal opinions on any kind of matter regarding Spanish Law.

Within 24 hours of receiving an enquiry, we will give you an estimation of our fees for preparing a written report and the time we need to prepare it.

Employment & industrial relations

Employment laws are complex and changeable in all countries

With the change of these laws, it is becoming increasingly important to take advice during the preparation of contracts.
If you are going to work or are already working in Spain we can guide you regarding contracts of employment, redundancy rights and obligations.

Inmigration, residence & work permits

The right advice is vital to get your residence permit

Spanish Authorities have adopted a restrictive policy regarding the issuance of work and residence permits for foreign nationals and strictly enforce work permit requirements to encourage the hiring of Spaniards rather than foreign nationals.

The authorities endeavour to issue work permits only to foreign nationals who have special characteristics or who fall into one of the preference categories established by Law (national of a Latin American country, descended from Spanish parents, etc.). This is more important if the applicant is not a citizen of the European Union (EU).

Nie numbes & other residence legal documents

You are able to take full advantage of all our knowledge and expertise

We understand that foreigners or non-residents can have many linguistic and cultural problems in dealing with Spanish Authorities and other bodies. Steps to obtain documents such as Residence Permits, NIE number (fiscal Identification number), drivers’ license, etc. are normally not complicated but the process can be difficult if the right guidance and advice is not requested.

We have considerable experience in obtaining all kinds of documents for foreigners and non-residents, and can also arrange for the notarisation, legalising, apostilling of documents. We can help you to save time and avoid problems obtaining permits and documents on your behalf or advise you of the precise steps you have to follow to request them yourself.

Why deal with these complicated matters alone when our Law Firm can do it for you?
We can arrange all the necessary paperwork on your behalf, so you save time and money.

Purchase & Sale Of Golf Shares

The purchase or sale of shares must be completed before a Public Notary

The Golf Share market is changeable, and agents often speculate with the prices. If you are thinking of purchasing or selling a golf share in Spain, we can assist you to make a hassle-free purchase or sale and to avoid excessive commissions.

Enchange Control And Foreign Investement Legislation

It is essential to file the right official forms with Authorities

Foreign investments by private investors from abroad, exchange controls and capital movements are unrestricted and fully liberalised, and in all areas, there is, in general, complete freedom of action. The general principles of current legislation are the absence of requirements for prior authorisation. Prior clearance is required in cases of investments of significant amounts involving countries classified as tax havens for tax purposes. In these cases investments must be declared in the Foreign Investment Register.

It is essential to file the right official forms with Authorities when funds come into Spain or go out from Spain in order to avoid problems and fines with Spain’s strict investment and money laundering regulations.

We offer you a complete advice service on issues such as financial, legal, accounting and tax.

Work system

We are underscoring our determination to understand client’s needs and deliver tailored solutions.

Our desire is to meet the needs of those clients who are outside Spain, do not speak Spanish and need a quick and clear response, and to ensure a value for money quality service.
For those clients who are not in Spain and cannot meet us, we have organised our virtual office on the Internet to make it easier and cheaper for you to contact and consult us.

Our work systemis
as follows

STEP 1

After receiving an enquiry by e-mail, telephone or fax, it passes immediately to the local solicitor or specialist relating to the matter.

STEP 2

Within 24 hours of receiving an enquiry, the specialist solicitor in charge of the matter will answer the client communicating the following information:

  • Name of the solicitor who has studied the particular case.
  • Guidelines and steps to be followed
  • How and when the work should be done
  • How much the fees are likely to be.
  • Proposed date of meeting.

STEP 3

The client can contact the solicitor who is in charge of the matter, to ask questions in order to clarify any points.

As we understand that many questions and enquires can only be answered personally, the client has the possibility of arranging a meeting at one of our 7 offices to discuss the matter face to face.
We are always happy to spend time with you to discuss a problem or potential new venture without cost or obligation. A free initial interview to discuss your particular case and requirements is our usual practise.

To sum up, when clients contact us, we:

  • Listen to their needs.
  • Ask clarifying questions.
  • Explain how the law applies to them.
  • Identify steps they can take to resolve their legal issues.
  • Provide legal information and advice.
  • Advise on the best options.
  • Provide an estimate of fees and costs.

We are here to provide our clients with practical information about their personal legal issues in Spain. They can also get through Marbella Solicitors quick and inexpensive legal-tax advice.
ALL THESE INITIAL CONTACTS ARE FREE OF CHARGE AND WITHOUT OBLIGATION.

STEP 4

If a client decides to put their case in our hands, management and responsibility for it is given to a partner who is in charge and who will coordinate all work to be carried out. Then, we inform the client of our bank account number with Sabadell Atlantico Bank so they can send us a deposit and we will start work immediately.

STEP 5

After initiating the works, our client is promptly informed of the progress of the case, any transaction or any change in terms of cost, etc. No decisions are taken without the prior authority of the client.

STEP 6

At the conclusion of the work, we will report and confirm on the outcome of the case and explain any further action necessary. We also return to our client any original documents together with the account of fees and disbursements due and paid.

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Protección de datos El responsable del tratamiento es MARBELLA SOLICITORS. La finalidad de la recogida de datos es la de poder atender sus cuestiones, sin ceder sus datos a terceros. Tiene derecho a saber qué información tenemos sobre usted, corregirla o eliminarla tal y como se explica en nuestra Política de Privacidad.