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.
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.
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.
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:
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
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.
In addition to signing a contract of sale of a property, according to everything previously seen, you must check the following:
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.
In our Law there are several types of down payment contracts:
– Confirmatory deposits, 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.
– Criminal penalties. 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.