Lawyers and Legal Advisors in Real Estate Investments

Legal structure in Spain

Search and acquisition of land

• Urban planning and tax analysis of the transaction: Verification of the urban planning viability of the land, including regulations, land classification, charges and encumbrances.
• Due diligence: Comprehensive investigation of the legal status of the land, including ownership, property rights, possible litigation, etc.
• Negotiation and drafting of the sale contract: Legal advice during the negotiation and drafting of the contract, including price, payment terms, guarantees, etc.
• Preparation of the land prior to development: Processing of files for the rectification of boundaries and capacities.

Financing

• Review of mortgage loan agreements with the developer. Subsequent mortgage distribution.
• Study of different forms of financing (internal: e.g. capital increases, or external: contributions from partners, housing cooperatives, bank financing or alternative financing).
• Risk analysis in accordance with anti-money laundering legislation. In accordance with anti-money laundering legislation.

Project Implementation

• Drafting contracts with construction suppliers: Legal advice on drafting contracts with contractors, subcontractors and suppliers.
• Legal supervision of the works: Monitoring compliance with legal and contractual regulations during the execution of the works.
• Insurance management: Advice on taking out the necessary insurance for the work, such as civil liability insurance, property damage insurance, etc.
• Implementation of criminal compliance programmes.

Work acceptance phase

• Issues or incidents relating to construction withholdings.
• Issues or problems with acceptance by the contractor.
• Deed of completion of new construction. Declaration of new construction.
• Deed of horizontal division of the property.

Marketing phase

• Drafting of sales contracts: Legal advice on the drafting of sales contracts for properties, including general conditions, delivery times, guarantees, etc.
• Review of bank contracts regarding the constitution of guarantees or deposits or amounts paid into client accounts.
• Granting of public deeds. Coordination at the notary’s office.
• Administrative procedures: Management of the administrative procedures necessary for the sale of the properties, such as registration in the Land Registry, obtaining the Energy Efficiency Certificate, etc.
• Tax advice: Guidance on tax obligations arising from the sale of properties.

Contentious phase (Extrajudicial)

• Handling complaints from property owners: Legal advice on managing complaints from property owners regarding hidden defects or construction faults, delays, and resolutions for breach of contract to customers.
• Homeowners’ association: Legal advice on setting up and managing homeowners’ associations.
• Out-of-court settlement of various claims with suppliers: delays, resolutions for breach of contract, claims for work certifications from contractors (guarantee retentions).