Property Law

CONVEYANCING

If you are thinking of buying a property in Spain and you require legal advice, please do not hesitate and contact our firm because we are experts in property law.

You will receive global counselling about all the steps necessary to the purchase of your property in Spain. A 100% of our clients are international clients. We understand your needs and your expectations of service.

Our real estate lawyers will handle the property transaction checking whether the property meets every legal requirement, we will revise the contract to make sure there are no abusive clauses and we will guide you throughout the whole process.

Our Firm will take every step to guarantee that your property is properly registered before a notary and in the Land Registry.

Our service includes:

– Confirm that the seller is the owner of the property, find out if the property is free of debt, and that the description of the property matches the seller’s description.

– Demand the necessary licenses and authorizations so that the buyer will be sure that they are buying in accordance with the law, and understand the state of liens and encumbrances described. For a new construction, confirm that the developer is the owner of the land, and check the legal status of the developer.

– Agree on the terms of the purchase with the seller or their attorney, such as who pays what taxes, and what furniture or appliances (if any) will be included in the sale.

– Draft or review the pre-agreement

– Draft/review the deed, adjusting it according to the instructions of the various parties, while pursuing the best interests of the client. Communicating with the notary: review all documents, and make all necessary preparations for the signing.

– Appear at the notary’s office for the signing. If you are unable to be present at the closing, we arrange a prior appointment for you with a notary either in Spain or in a Spanish Consulate, so that you can grant us a power of attorney (POA) to sign for you at the closing.

– Once the closing is completed, we follow up to ensure that the property gets correctly registered at the Property Registry.

– Ensure that the notary registers the purchase with the Property Registry.

– Pay the mandatory taxes until the completely registration of the property in client´s name.

For more information, please follow our blog:

https://www.reuterssolicitors.com/conveyancying-do-you-dream-of-paradise/

https://www.reuterssolicitors.com/how-to-apply-for-a-mortgage-for-non-residents-in-spain/

«DACIÓN EN PAGO» AND «QUITA» (handing back the keys to the lender).

After the recent financial crisis, Dacion en Pago has become the best solution for those, who cannot cope with their monthly payments to banks (whether or not they are resident in Spanish territory), are immersed in Foreclosure Procedures. These procedures use to have tragic outcomes as families are evicted of their properties and are forced, in some cases, to continue paying the outstanding capital after the auction of the mortgaged property.

Our professional specialty is to engage negotiation with banking entities and to give the house to the bank as a full payment of the outstanding capital of the mortgage, releasing the client from any liability and debt and ensuring their interests and benefits. This process is called Dacion en Pago (Dation in Payment).

However, there are cases where Dacion en Pago is not possible and we need to find another ways of solution. In those cases, we follow Quita process.

Sales with Quita are the best option for those who want to sell their properties but the market prices are bellower than their mortgage debts. This situation occurs very often since the last economic and financial crisis. The crackling down of house prices prevents the sale of mortgaged properties so that the Sale with Quita is the best way to get rid of the properties and cancel the mortgages without assuming a high cost and expense.

For more information, please follow our blog:

https://www.reuterssolicitors.com/what-is-dacion-en-pago/

https://www.reuterssolicitors.com/wipe-your-mortgage-out-dacion-pago/

MORTGAGE ISSUES

The economic crisis that has engulfed a large proportion of the world has had far reaching impact, not only upon the large financial institutions, but also individuals.

We are currently representing many UK clients who purchased a Spanish holiday home during the boom years in the property market.

Many people now find themselves in a much less favourable financial position and consequently find making mortgage payments on their second home a strain on the family budget.

Our property department has extensive experience in negotiating with Spanish mortgage lenders.

We have been able to: 

• Re-negotiate the terms of an existing mortgage. Cancel mortgage contract and return property to lender (DACIÓN EN PAGO)
• Arrange sale of property whilst ceasing mortgage payments.
• Halt repossession proceedings.
• Settle you mortgage when you purchase a property.

For more information, please follow our blog:

https://www.reuterssolicitors.com/conveyancing-do-you-dream-of-paradise/

MORTGAGE FLOOR CLAUSES – “CLÁUSULA SUELO”

Some Spanish mortgage lenders/banks have been overcharging borrowers using illegal ‘FLOOR’ CLAUSES that limit the minimum interest rate they can charge. Borrowers with mortgages in Spain taken out in the boom years could be entitled to a substantial refund.

If your mortgage agreement contains a floor clause, then you should get paid back the difference between the level of the floor rate and the level of interest reference for the period that this has been below the floor rate. Additionally, compensatory interest should be added to this amount.

For more information, please follow our blog:

https://www.reuterssolicitors.com/floor-clauses-in-spanish-mortgages/

Lease

Our Firm is expert in leasing. We can assist you with:

• Rental Contracts

• Eviction procedures

• Claiming an unpaid rents

For more information, please follow our blog:

https://www.reuterssolicitors.com/how-to-get-the-deposit-back-from-landlord-in-spain/

Probate, Inheritance and Wills

PROBATE

Reuters Solicitors has a prompt and efficient probate service to foreign nationals with assets in Spain.

We provide a complete Spanish probate service relieving you of what can be an onerous task at a time when you have lost someone close to you.

Once you have handed over all necessary paper work we will do the rest, collecting in the estate, submitting Inheritance Tax return, settle the debts of the estate, paying out to the beneficiaries, arranging the sale of assets, advising on minimizing Inheritance tax and accounting to you.

RS believes in dealing with probate matters in the same expeditious manner as all other work as often closure cannot be obtained until the deceased affairs are settled and we will do our best to achieve this as soon as possible.

INHERITANCE & WILLS

Reuters Solicitors strongly recommend that UK clients make a will to cover their assets in Spain.

In the event that there is no will in Spain, the deceased assets may be automatically disposed of under the compulsory heirs system in Spanish law.

Under Spanish law, the surviving spouse is entitled to all of the assets acquired prior to marriage and half of the assets acquired during the marriage.

The remaining assets are subject to the compulsory heirs law, which dictates that two thirds of the remaining assets are left to the children (although the surviving spouse has an interest in half of these assets).

The majority of our clients have limited assets in Spain. It is most common that the Spanish assets are limited to a property and bank account.

Reuters Solicitors will draft the will, which includes an English translation of the document.

Once the will is drafted, the document will have to be witnessed by a notary in either UK or Spain.

RS will locate an English speaking Notary and make a convenient appointment on your behalf. Upon request, a member of staff can accompany you to the appointment. 

For more information, please follow our blog:

https://www.reuterssolicitors.com/will-in-spain-testamento/

N.I.E. Certificates

We are able to obtain NIE and NIF numbers on behalf of clients.

The NIE number is a fiscal identification number and is required if you intend to:

• Purchase a property in Spain.

• Open a bank account in Spain.

• Start a business.

• Pay taxes in Spain.

• Receive an inheritance.

• Reside in Spain.

Documentation required:

Passport copy certified by a Notary Public in the UK. Limited Power of Attorney with Hague Apostille.

Passport size photograph.

Signed NIE Form.

No visit to Spain is required. NIE certificate provided via email and original through post.

For more information, please follow our blog:

https://www.reuterssolicitors.com/need-nif-eu-citizens-who-want-to-work-in-spain/

Litigation

Reuters Solicitors provides comprehensive litigation and mediation services covering a wide range of issues.

Litigation involves bringing or defending a claim in Court. This process is time consuming and costly.

Reuters Solicitors offers you:

• Civil law

• Family law

• Criminal law

• Labour law

• Property Dispute Resolution.

• Contract Disputes.

• Landlord/Tenant Disputes.

• Administrative Litigation.

• Damages Claims.

FAMILY LAW

The breakdown of a relationship whether within or outside of marriage can be a stressful and traumatic experience, especially where children are involved.

If you are living or working in Spain you will require the assistance of an experienced English speaking lawyer.

We can assist you with:

• Divorce and separation

• Pre-nuptial agreements

• Civil Partnerships

• Child custody, maintenance and arrangements

• Co-habitation Agreements.

• Succession law

• Domestic violence
• Financial Settlements.

For more information, please follow our blog:

https://www.reuterssolicitors.com/divorce-in-spain/

CRIMINAL LAW

If you are involved in criminal proceedings in Spain, it is important that you choose to be represented by people who understand the criminal law process in Spain.

Our criminal law solicitors have experience dealing with high profile criminal cases.

Contact us today for a confidential, no obligation, consultation.

EMPLOYMENT LAW

In all environments, it is essential that employers and employees benefit from expert advice in the challenging area of employment law.

Our experienced, bi-lingual team can assist with:

• Unfair Dismissal.

• Redundancy.

• Maternity Rights.

• Bonus Disputes.

• Breach of Contract.

• Disability Discrimination.

• Sex Discrimination.

• Disciplinary Procedures.

• Equal Opportunities.

• Stress at work.

• Industrial Action.

Do not hesitate to contact REUTERS SOLICITORS, for more information about our legal services:

https://www.reuterssolicitors.com/contact-us/