Sales and purchases
Lawyer for Real Estate Services in Axarquia
Specialist Sale and Purchase Lawyer
Buying or selling a property, whether it is a house, premises, land or farmland, involves a number of risks and the assumption of a number of obligations, both for the buyer and the seller.
The buyer must check the legal status and encumbrance status of the property in question before paying the down payment or making any disbursement. If it is registered in the Land Registry, being its owner the seller; if its description and situation in the Cadastre corresponds to reality; if it has a municipal licence of use or first occupation, or if on the contrary it has some kind of urban planning problem; and a long etcetera of issues that
Once these issues have been checked, it will be necessary to plan the operation fiscally, to sign a reservation or deposit contract, perhaps a private purchase contract, then to notarise it, organise the form of payment, manage the financing if necessary, pay the corresponding taxes (whether VAT, ITP, municipal capital gains tax...) and finally manage the correct registration of the operation in the public registers.
In the case of the seller, although fewer steps are required on the part of the professional, those that are necessary are by no means trivial, being fundamental the fiscal planning of the operation, the correct drafting of the reservation contract and the organisation of the means of payment and the appropriate management of the means of payment and taxes that correspond to the seller, normally the capital gains tax and the local council tax.
Each of these procedures, as well as those that may arise as a result of them or in order to carry them out, will always depend on each specific case, person or situation. This is why no single guide can be given to any buyer or seller. Hence the importance of having a reliable lawyer who will manage the entire operation, informing us in advance of all the necessary steps and expenses, giving us security and avoiding surprises, so that we only have to worry about enjoying our new property, or the price obtained from its sale.
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