The purchase and sale of property in the Balearic Islands, especially by foreigners, is a subject of constant debate. The nationality of the parties involved may imply adjustments in the acquisition process, so having a lawyer specialised in International Real Estate Law is essential.
In order to carry out real estate transactions in Spain, both foreign buyers and sellers must obtain a
Foreigners' Identification Number (NIE)
for tax reasons. This requirement must be fulfilled before initiating any formalities related to the sale or purchase. The NIE can be applied for at the embassy or consulate of the country of origin, or directly in Spain by making an appointment with the National Police.
Yes, having a lawyer is essential to protect your interests throughout the process. The lawyer will help you review contracts, verify that the documentation is in order, make sure that the property is free of liens or encumbrances and prevent possible fraud.
The lawyer will thoroughly review the title deed, purchase contract, lien certification, taxes paid and any permits or licenses related to the property. He or she may also investigate whether the property is involved in legal disputes.
The Notary Public is in charge of authenticating the documents, while the lawyer acts on your behalf, making sure that all legal aspects are properly covered. The lawyer reviews the contracts to avoid abusive clauses and protect you from possible legal problems in the future.
If problems such as hidden defects or boundary disputes arise after the purchase, the lawyer can represent you in the extrajudicial or judicial resolution of these disputes and, if necessary, claim compensation.
It is advisable to have a lawyer when dealing with complex procedures before governmental bodies, such as obtaining licences, authorisations, fines or subsidies, or if you need to lodge appeals.
Examples include:
The lawyer can assess the legality of the administrative act, prepare the necessary arguments for the appeal and represent you in both administrative and judicial instances if necessary.
Yes, a lawyer can identify errors or irregularities in the sanctioning procedure and defend your rights to obtain the annulment or reduction of the sanction.
A lawyer is indispensable when interpreting a will or when it is necessary to carry out the division and adjudication of assets. It is also essential in cases of intestate succession (without a will).
The lawyer can advise on issues such as:
If disagreements arise, the lawyer can represent you in negotiations or, if necessary, in court to resolve the dispute legally and fairly.
When the inheritance involves property outside the country, it requires the validation of the will and the management of the inheritance in different jurisdictions, which requires a thorough knowledge of international regulations and bilateral treaties.
No, it is not compulsory. A lawyer can advise you on the legal and tax consequences of accepting or renouncing an inheritance, especially if the inheritance includes debts.
