Property Lawyer Services in Málaga
Real Estate Lawyer Services in Málaga
Navigating the real estate market in Málaga can be complex, especially if you’re unfamiliar with Spanish property law or purchasing a property from abroad. Whether you’re looking to buy, sell, or invest in property in Málaga, having a dedicated property lawyer by your side can ensure a smooth, legally compliant transaction. Our property lawyers specialise in providing comprehensive legal assistance for international clients and locals alike, offering expert guidance through each step of the process.
Why You Need a Property Lawyer in Málaga
Buying or selling property in Spain involves navigating legal, financial, and regulatory hurdles. Spanish property law is unique, and several requirements must be met to ensure the transaction is legally valid and in your best interest. With a property lawyer, you can have peace of mind knowing that your transaction will be handled professionally and your rights will be fully protected.
A qualified property lawyer in Málaga can assist with:
Drafting and reviewing contracts
Handling title searches and due diligence
Verifying property ownership and debts
Ensuring compliance with local and national property regulations
Overseeing negotiations with buyers, sellers, and agents
Managing the legal aspects of financial transactions
Representing clients in the event of legal disputes
Buying Property in Málaga
Whether purchasing a holiday home, a rental property or making a long-term investment, buying property in Málaga is a significant financial decision. Our legal team specialises in providing tailored legal services for international buyers, ensuring the entire process—from viewing properties to closing the deal—is handled seamlessly and with complete legal transparency.
The Buying Process
- Property Search and Reservation Agreement
Conducting a thorough property search before committing to a purchase is crucial to ensure that the property meets your needs and is free from legal issues. Once you’ve found your ideal property, the process typically begins with a reservation agreement. This agreement removes the property from the market while negotiations and due diligence are conducted.
- Due Diligence
The due diligence process is one of the most critical stages in buying a property in Málaga. This is where your lawyer will verify that the property has a clean title, is free from debts or encumbrances, and that the seller has the legal right to sell. Your lawyer will also check that the property complies with all local building and zoning regulations, including any potential issues with building permits or future urban development plans.
- Preliminary Contract (Contrato de Arras)
Once the due diligence is completed and all parties are satisfied, the next step is signing a preliminary contract, known as a “Contrato de Arras.” This document outlines the terms of the sale, including the agreed price, payment schedules, and any conditions that must be met before finalising the purchase. At this stage, a deposit is typically paid, usually around 10% of the purchase price.
- Signing the Final Purchase Deed (Escritura Pública)
The final step is signing the purchase deed, or “Escritura Pública,” before a public notary. This is when the remaining purchase price balance is paid, and the property is officially transferred to the buyer. Your lawyer will ensure that all taxes are correctly calculated and paid, including transfer tax and notary fees, and that the property is registered in your name at the local Land Registry office.
- Post-Sale Procedures
After the purchase, your lawyer will handle all post-sale paperwork, including updating the property registration, transferring utilities, and ensuring that all taxes and fees are correctly filed and paid.
Selling Property in Málaga
Selling property in Málaga involves several legal and administrative steps that must be completed to ensure a successful transaction. Our team of experienced property lawyers will assist you through every stage of the selling process, from preparing your property for sale to finalising the contract with the buyer.
The Selling Process
- Preparing Your Property for Sale
Before listing your property, gathering all the necessary documentation, including the property deed (Escritura), energy efficiency certificate, and any other relevant paperwork, is essential. Your lawyer can help ensure that all documents are in order, and they can assist in obtaining any missing paperwork or certifications.
- Reviewing the Purchase Offer
When you receive a purchase offer, your lawyer will review it carefully to ensure that it aligns with your expectations and that no hidden clauses or conditions could disadvantage you. They will also help negotiate the best possible terms for your sale.
- Negotiating the Sale Contract
Once you accept an offer, we will draft or review the sales contract. This contract will outline the sale price, payment terms, any contingencies, and the buyer and seller’s responsibilities. If the buyer requires financing, your lawyer will work closely with their legal team to ensure the process moves forward smoothly.
- Signing the Sales Deed
Like the buying process, the final sales deed is signed before a public notary, and the buyer pays the remaining purchase price balance. We will ensure that all tax liabilities associated with the sale are properly handled, including capital gains tax and any other fees.
- Transferring the Property
Once the sale is complete, we will oversee the property transfer to the buyer and ensure that any remaining post-sale tasks, such as notifying the Land Registry and cancelling any outstanding mortgages or debts, are handled properly.
Property Transactions Post-Brexit
For British citizens, purchasing or selling property in Málaga after Brexit has added a new layer of complexity. However, the process remains feasible with the proper legal guidance. Our firm specialises in assisting UK nationals navigate the new regulations, from visa requirements to tax considerations. We ensure that the necessary documentation is in place and that all transactions comply with current legal frameworks, so you can confidently move forward with your property purchase or sale.
We Pride Ourselves On
Personalised
Service
Each client receives a dedicated lawyer to guide them through every step.
Comprehensive Legal Support
We handle all legal aspects of the property transaction, ensuring no detail is overlooked.
Multilingual
Assistance
Our team speaks several languages, including English, Spanish, French, and Russian.
Why Choose Us?
Our team of property lawyers in Málaga offers years of experience and a deep understanding of Spanish property law. We provide transparent, professional services tailored to each client’s unique situation. Whether buying your dream home on the Costa del Sol or selling an investment property, we aim to ensure your transaction is smooth, efficient, and fully compliant with Spanish law.