The legal implications of a real estate transaction sometimes go far beyond our knowledge and we need professional advice from experts. Whether you are a private individual or a business, property lawyers ensure that any process goes through the right channels.
To be honest, most of the time, both the buyer and the seller are facing the process of buying and selling a property for the first time, so they are not fully expert in all the procedures and steps that are necessary to successfully complete the transaction and comply with all the requirements of the law.
The most common task of real estate lawyers in Barcelona is to check all the legal aspects related to the property so that the purchase and sale transaction is done with absolute legal certainty. Real estate law, therefore, is a specific area of law that deals with aspects such as property, renting and related legal business: sale and purchase contracts, leases or timeshares. It also studies issues related to this field, such as building permits and town planning regulations.
What does a lawyer do when buying a property?
There are four main points in the process of buying a property in which lawyer real estate Barcelona intervene. Firstly, the deposit contract, which consists of paying a percentage of the price of the property as a reservation to confirm our interest to the owner in the purchase. The lawyer will advise us on the different types of deposit that exist (penitential, penal or confirmatory) to decide the one that best suits our case.
Secondly, it seems obvious but it’s necessary to check the ownership and encumbrances of the property. In other words, make sure that the owner of the property is the true owner of the property and check if there are any outstanding debts. Both the real estate agency and the real estate lawyer can check this by requesting information from the Land Registry. Thirdly, real estate lawyers in Barcelona can also advise on the terms of the mortgage contract.
Finally, the last step is the deed of sale. Here we find clauses that include legal and financial concepts that can be quite difficult and that a real estate lawyer will master to make sure that our interests are properly defended and expressed, avoiding possible problems.
Advantages of hiring a real estate lawyer
The work of real estate lawyers law basically saves us worries and simplifies the process of buying a property. This is especially indicated in those more complicated operations, such as properties with ownership problems, homes in complex urban situations, deteriorated properties and any conflict that may arise when making or applying a contract.
The real estate lawyers in Spain will deal with all the legal problems that may arise as a result of the purchase of the property, will study that the whole purchase and sale transaction complies with the legally established, will assess the possible risks, will negotiate the deposit and purchase and sale contracts and will provide advice on any question in which doubts may arise.
When selling a property, it’s also advisable to have a real estate lawyer to advise you on all the tax payments involved in the transaction. For example, they will clarify whether or not it is necessary to pay the municipal capital gains tax and how to claim it back if it has been paid without being necessary.
The role of a lawyer real estate when renting or living in a community
In the case of renting a property, situations may also arise that require the intervention of a real estate lawyer in Barcelona. The most obvious is the non-payment of rent. Having a lawyer with full dedication to the real estate sector and specialised knowledge in the laws of leases and horizontal property is essential to solve any type of conflict quickly and efficiently.
In addition to this, the lawyers, together with the real estate agency, can take charge of drafting the lease contract, as well as reviewing the requirements for its formalisation.
In the case of living in a building, the relationship with the owners’ community can sometimes be not as smooth as one might expect. In the case of renovations to the property, the real estate lawyer in Spain can play a very important role in managing certain issues with the owners’ association, as well as providing advice on the issue of building permits from the City Council, if necessary.
Bcn Advisors, with more than 15 years of experience in the luxury real estate sector, has created close ties with all the professionals involved in the successful sale and purchase of a property, including real estate lawyers in Barcelona. You can trust us to work with the best real estate lawyers in Barcelona and we will recommend the most appropriate one for your needs.