Conveyancing

At Tomas Ballestero Lawyers, we provide professional and reliable conveyancing services with over 30 years of experience. Whether you are buying, selling, transferring property, or involved in a property division between spouses, family members, or business partners, our team of experts will ensure that the process is handled smoothly, protecting your interests every step of the way.

Our conveyancing services cover all legal aspects of property transactions, ensuring that your purchase, sale, or transfer is legally sound and compliant with Spanish property laws. We also specialize in resolving disputes related to property division, making sure that our clients receive fair and equitable outcomes.

Our Conveyancing Services Include:

1. Property Purchases
   • We handle all legal aspects of purchasing property, including contract review, due diligence, and liaising with the Land Registry to ensure that the property is legally clear and ready for purchase.
   • Example: A foreign buyer is purchasing a vacation home in Spain but is unfamiliar with local property laws. We conduct a full investigation of the property, ensuring there are no legal issues such as liens, debts, or zoning violations. We also review the purchase contract to ensure it protects the buyer’s interests.
2. Property Sales
   • We assist in all aspects of selling property, ensuring that the sale is legally binding and complies with Spanish law. Our services include preparing contracts, managing negotiations, and facilitating the transfer of ownership.
   • Example: A client wishes to sell their villa in Spain to an international buyer. We handle the preparation of all sale documents, communicate with the buyer’s legal team, and ensure that the transaction is completed smoothly, including managing the transfer of funds.
3. Division of Property between Spouses, Family Members, or Business Partners
   • We handle the legal aspects of dividing property among spouses during divorce, between family members as part of inheritance, or between business partners in the event of a dissolution or sale of joint property.
   • Example: A divorcing couple owns multiple properties in Spain and needs to divide the assets. We ensure that the properties are valued properly and that the division is fair and in line with legal requirements. We also handle the transfer of ownership to the respective parties.
   • Example: Two business partners who co-own a commercial property wish to dissolve their partnership. We assist in dividing the property and ensuring that both parties’ interests are protected, either through a buyout or sale of the property.
4. Transfer of Ownership
   • We provide legal assistance for transferring property ownership, whether through a sale, gift, or inheritance. We ensure all documentation is properly drafted and registered.
   • Example: A client wishes to transfer ownership of a property to their adult children as part of their estate planning. We handle all the legal paperwork, ensuring that the transfer is done smoothly and without any tax complications.
5. Mortgage and Refinance Assistance
   • We offer legal guidance on mortgage agreements and refinancing options. We ensure that all terms are clearly understood and that your mortgage or refinance deal is legally binding and fair.
   • Example: A client wants to refinance their home loan to take advantage of lower interest rates. We review the new mortgage agreement, ensuring that the terms are favorable and that there are no hidden penalties.
6. Title Search and Property Investigation
   • Before purchasing or selling a property, we conduct a thorough title search and investigate the property to ensure it is free of legal encumbrances such as debts, liens, or zoning violations.
   • Example: A client is interested in buying a property that seems underpriced. We discover that the property has outstanding debts and unpaid taxes. Armed with this information, the client is able to negotiate a more favorable deal or withdraw from the purchase altogether.
7. Handling Liens and Debts on Property
   • We manage any outstanding liens or debts on the property, ensuring that all financial obligations are cleared before the transaction is completed.
   • Example: A client is purchasing a property that has a lien due to unpaid community fees. We negotiate with the seller to ensure that the lien is cleared before the property changes hands, preventing future legal issues for the buyer.
8. Construction and Development Claims
   • If you are purchasing a property under construction or involved in a development project, we ensure that the legal agreements protect your investment and that the project complies with all local regulations.
   • Example: A client buys a property that is under construction but faces delays and defects in the final build. We represent the client in negotiating with the developer to resolve these issues and ensure that compensation is provided for the delays and defects.
9. Property Disputes and Mediation
   • If disputes arise, such as issues with boundaries, shared ownership, or property defects, we offer legal representation and work towards resolving the matter either through negotiation or litigation.
   • Example: A neighbor claims that part of the client’s newly acquired property encroaches on their land. We investigate the boundary dispute and represent the client in negotiations to resolve the issue amicably, or, if necessary, through legal action.
10. Power of Attorney for Absent Clients
    • If you cannot be physically present for a property transaction, we prepare powers of attorney so that you can be fully represented by a trusted individual during the purchase or sale.
    • Example: An international client is unable to travel to Spain to sign the property documents in person. We prepare a power of attorney that allows their legal representative to complete the transaction on their behalf.
11. Taxation and Legal Compliance
    • We ensure that all tax obligations related to the purchase, sale, or transfer of property are met, including capital gains tax, property taxes, and plusvalía.
    • Example: A non-resident client sells a property and is unsure about the tax implications. We ensure that the 3% withholding tax for non-residents is properly handled and that any other tax liabilities are met to avoid penalties.
12. Inheritance and Property Ownership Transfers
    • We assist clients in transferring property as part of an inheritance, ensuring that the process is compliant with both Spanish law and any applicable international laws.
    • Example: A client inherits a property in Spain from a relative. We guide them through the inheritance process, ensuring that all taxes are paid and the property is legally transferred into their name.