Property lawyers in La Línea de la Concepción for buying or selling a home

It is not compulsory, but the notary does not check whether the purchase suits you or negotiate the deposit contract for you. A lawyer checks charges, licences, planning rules and debts before you hand over any money, reviews the clauses and tells you how much tax you will pay. On a high-value home or with a foreign seller, this is what prevents the costly problems.

In general, a resale home pays property transfer tax (ITP, Impuesto de Transmisiones Patrimoniales). The general rate in Andalusia is 7 %, although there are reduced rates and special cases that should be checked before the tax is paid.

The first sale by the developer is in general subject to VAT. The deed may also be subject to stamp duty (Actos Jurídicos Documentados, AJD). In Andalusia the general AJD rate is 1.2 %, except for reduced rates where their requirements are met.

For transactions subject to ITP or AJD, the cadastral reference value (valor de referencia) may be the taxable base. If the declared price is higher, the price is used. It is worth checking this before the sale is closed. If you disagree with that value, you can challenge it by appealing against the tax assessment or by asking for your self-assessment to be corrected.

Ownership, charges, the property documents, price, timetable, financing and what happens if one of the parties pulls out. With a penalty-type deposit contract (arras penitenciales), the buyer who withdraws loses the deposit and the seller who withdraws returns it doubled. Other clauses allow the contract to be terminated. That is why we review the contracts before you pay anything.

Yes, within the time limits. The Civil Code allows the buyer, within six months of delivery, to ask for the contract to be terminated or for a reduction in price, and for damages if the seller knew about the defect. For new builds, the Building Regulation Act (Ley de Ordenación de la Edificación) sets periods of one, three and ten years depending on the type of damage. We review the case and prepare the claim.

It gives the prospective buyer the right to buy within an agreed period and at an agreed price, in return for a premium. Unlike a deposit contract, the option holder is not obliged to buy. We review the clauses, the time allowed to exercise the option and whether it should be registered at the Land Registry.

If the property has an outstanding mortgage, it is cancelled at the signing and the entry is then cancelled at the Land Registry. We also check whether any old mortgages remain uncancelled. If you are financing the purchase, we review the binding offer and the clauses before the notary’s transparency certificate (acta de transparencia). If you later want to change the mortgage, for instance by renegotiating it or switching lender, we advise you on the tax cost.

The contract, deposit, charges and transfer of ownership are civil law. ITP, VAT, AJD, municipal capital gains tax and the capital gain are tax law. We handle both at once: the same team of lawyers and tax advisers gives you the legal and tax advice on the transaction.

Where it applies, the buyer must withhold 3 % of the price and pay it with Form 211 within one month of the purchase. The seller uses it as an advance payment of their tax on the gain.

Yes. A good part of a sale or purchase can be done remotely and, if necessary, you can sign through a notarised power of attorney. We also deal with the tax and paperwork requirements that apply to non-residents.

Yes. The review beforehand tells you the tax cost of the purchase, your obligations if you are a non-resident and how the property fits into your assets, including for a future sale or inheritance.