Purchase - Sale

Regarding the purchase and sale of homes, land, or commercial premises, we conduct a thorough review of the legal status of the property involved in the transaction and assess whether it can be purchased with all the guarantees that should protect the consumer. This involves not only examining the circumstances of the seller and the buyer, but also the urban planning status and encumbrances on the property. In Marbella, an issue we always consider in any transaction is the nullity of the latest General Urban Development Plan of Marbella by a ruling of the Supreme Court, which has created significant legal gaps affecting thousands of properties in the municipality, resulting in substantial legal uncertainty. Bankruptcies and insolvency proceedings of companies owning property for sale are also a critical issue, as once the buyer completes the purchase, they may be required to return the property to the insolvency estate.

The exercise of pre-emption and redemption rights is very common among neighbors of rural land, often causing serious harm and losses to third parties who purchase in good faith.

Many clients, both buyers and sellers, prefer to work with a lawyer they trust who can communicate in their language, which also saves on translation costs.

The international element in transactions on the Costa del Sol is very high. Issues such as the international recognition of the marital regime of spouses with different nationalities, or the accreditation of their residence for the application of inheritance law and related taxation, are very common and require detailed analysis.

The new Voluntary Jurisdiction Law, which facilitates the partition of jointly owned inheritance property, and the new Dependency Law, which allows children to manage the assets of their parents under certain prior requirements without having to go to court for the declaration of incapacity of individuals no longer able to manage their own affairs, are some of the recent legal developments that benefit citizens and that professionals should be aware of and recommend.