Our firm regularly represents foreign clients in the purchase, sale and leasing of real property, both commercial and residential. The purchase and sale of property in Spain, whether it be an apartment on the Costa de Sol or a factory in Madrid is relatively simple due to the real property registry system present throughout Spain which provides purchasers with great certainty as to the nature of the property they intend to purchase and any liens or encumbrances it may be subject to.
We are typically engaged by our clients in the very initial investigation of possible acquisitions to determine market value and any encumbrances or other defects to the property. We usually play a critical role in the negotiation of any pre-sale agreements and the carrying out of the sale by signature before a Spanish notary and the subsequent registration of the new owner in the real property registry. We also assist in the negotiation and obtaining of any related bank financing.
Often times, the sale of real property takes place within the context of a company acquisition and, in addition to the company acquisition itself, we have extensive experience in carrying out the necessary due diligence to determine legal compliance of operational properties such as factories and offices. At other times, property may be transferred as part of the winding up of decedent’s estate pursuant to a will or testament. Here again we bring our expertise to the overall operation, as well as the particulars of any real property involved.
