Real estate lawyer. Legal advice in Orihuela
Real estate legal advice
- Purchase or rental of a property
- Documents necessary to make the purchase decision
- The down payment or signal contract
- Formalization of the property sale contract Types of down payment contracts
- Cautions in buying new property
- Considerations before renting a property
- Types of down payment contracts
Real Estate Advice
In the property purchase and sale, as well as in rents (urban leases or rustic leases), it is necessary to have a professional real estate advice, carried out by a lawyer expert in Real Estate Law.
From the beginning of the purchase-sale operation of the property, it comes necessary for the lawyer specialized in real estate law to advise you on everything, starting with the provisions of the down payment contract, which must be drafted clearly, in order to allow both buyer and seller, knowing the existence and content of the contract and it must respond to the principles of good faith and balance between the parties, which excludes the use of unfair terms.
Real estate advice by expert lawyers
The real estate advice carried out by Lawyers is the best option to ensure that the acquisition of a property does not suffer bankruptcy and everything runs smoothly.
Buy or rent housing, premises or farm in Orihuela
For the purchase of any real property, dwelling, premises, farm, as well as for the purchase-sale or rental contract (urban lease or rustic lease), in order to ensure this important operation, in terms of investment and future of a person, you must have an expert advice on real estate law, being advisable to contract the service of a lawyer specialized in real estate law.
The option of buying or renting a house, house, premises or farm (rustic or urban) requires specialized knowledge, since real estate law includes everything that may influence the property, such as charges, easements, type of construction land, for which we provide legal advice for the purchase of the home, premises or land. Your decision will often depend on factors, such as the destination of the property, the investor’s ability to purchase, stay in the property and the destination of the investment.
Likewise, for the rental of the home, premises or land, in addition to the financial capacity, it is important the temporality of the occupation or the destination of the property, since it is not the same, renting a home for habitual residence or for temporal residence. Therefore, the rental of the premises will depend on the activity that is intended to be developed. There are also several differences between urban or rustic leases which must be considered.
Before buying a home- local- farm in Orihuela
In order to prepare the purchase, the following questions must be considered, depending also if you wish to apply for a Golden Visa or not:
- maximum investment to be made (purchasing capacity)
- How the investment will be credited, cash, or through indebtedness (personal or mortgage loans necessary).
- Request a report from the Property Registry in order to ensure the property has no charges or encumbrances, such as mortgage loans, liens, resolution conditions, etc. The information obtained through the Property Registry is essential when purchasing a home.
Many buyers rely on the confidence that the seller may deserve and this can lead to more than a surprise. For this reason, we recommend an expert adviser.
- If the owner of the property is up to date with the community of owners and taxes that fall on the property (IBI, utilities, etc.)
- Ensure about who is the real owner of the property.
- Know the statutes of the community of owners
- Carry out an inspection visit before buying the house (deteriorated elements, humidity, etc.), double check if you have a garage, storage room, garden areas, swimming pool.
- The costs referring to the community of owners.
The fact that a home has been on sale for a long time can lead us to think that the price is excessive and perhaps this will allow us to negotiate a discount with the seller
Hire the surveyor services
In order to know the exact value of a property, house, premises, land, we can hire the services of a surveyor. The other way is to calculate the cadastral value of the property, applying a series of value correctors depending on the area in which the home is located, and always taking into account the capital gain.
Necessary documents: before signing the purchase
In addition to signing a contract of sale of a property, according to everything previously seen, you must check the following:
- Seller’s deed. Be wary of private documents not intervened by a notary.
- Payment situation of the Property Tax (urban contribution).
- Statutes of the building, amount of community expenses and status of payment of ordinary or extraordinary fees.
- If there is any reason to advise it, ask the City Council for information on the urban situation of the house.
The down payment or reservation contract
When buying a property, whether it is a house, premise or land, the reservation agreement is very important, since it is a transcription of what will later be established in the public deed of sale.
Down payment constitutes an amount of money that a person gives to have a purchase option on the home.
In this contract, there is the possibility that the parties may withdraw, in which case there are some consequences that affect the quantities delivered by each of them, depending on which party cancels the contract.
Under the deposit agreement, the parties can establish with maximum freedom those conditions under which they undertake to buy or sell a property.
The buyer will deliver a certain amount of money committing to purchase the home later.
Types of down payment contracts
In our Law there are several types of down payment contracts:
which operate as an advance and express the binding force of the contract. By virtue of them, the contract cannot be terminated. They imply that the sale is definitively agreed without any of the parties being able to “back down” unilaterally. Use this figure when you want to ensure your acquisition.
They are the most used in real estate traffic and function as a guarantee of contract compliance.
The penitential or dismissal payments
which are a legal means for the parties to withdraw from the contract.
Sometimes the deposit agreement can even be more important than the deed of sale, since it will attest to the prior agreement between the parties.