Legal Advice: Choose a reliable lawyer in Mallorca
Your lawyer will represent you throughout and after the purchase of a property
It is strongly recommended that you choose a property lawyer who specialises in Spanish property law. Nowadays, you can easily find an English speaking lawyer to represent you throughout the purchase process of your Mallorca property for sale. In fact, there are so many registered in the island, you can take your pick! Your appointed lawyer will also take care of your affairs after the purchase transaction, so preferably appoint one who has an office locally.
In Mallorca the procedure of purchasing property for sale differs to the system in the UK, therefore it is important for any buyer of a property in Mallorca to seek independent and professional advice. Once you have found the villa or country house for sale you wish to buy, you should ideally appoint a lawyer right away; definitely before you sign any contract of reservation or pay a preliminary deposit for your chosen Mallorca property.
With the sales experts at Balearic Properties and a specialised lawyer by your side, buying your dream Mallorca property for sale is a smooth process!
Your lawyer’s duties are:
- Apply for a Spanish NIE number (Foreigner’s ID Number) for you
- Finalise the terms and conditions of the purchase contract and determine the additional costs and taxes of the transaction.
- Conduct a land registry search to confirm the official ownership and the description of the property, determine whether the building is registered and if any charges such as a mortgage, debts or fines are attached to the property for sale.
- Conduct a thorough search at the local council planning office to find out whether a legal construction license/permission for the building exists and whether the construction surface is in accordance to the regulations and license. Determine if the property for sale has the certificate of habitation (cédula de habitabilidad).
- Conduct a search at the catastro registry office to confirm the so-called catastral value and the official surface declared.
- If you are buying an apartment or townhouse for sale in a complex, your lawyer will check any communal obligations and that the seller has an updated record of all community charges and proof of payment up to date.
- Check whether or not all general and local taxes have been paid up to date.
- A Spanish Power of Attorney will be issued if the purchaser is not able to be present at the transaction.
- Represent you at a Notary Public when the transaction takes place. A notary is a Spanish Public Servant who certifies the capacity of the parties and the content of the title-deed, the so-called “escritura”.
- Your lawyer will ensure that the ITP Property Transfer Tax is paid to the Balearics Tax Authorities within 30 days once the transaction has been completed.
- Your lawyer will also then notify utility companies (electricity, water, etc) of the change of ownership and organise payment arrangements with your local Spanish bank.
Of course, Balearic Properties can advise you and recommend a suitable lawyer, alternatively should you wish an independent recommendation, the British Consulate can provide you with a list of lawyers on the Balearic Islands.