REAL ESTATE LAW

Commercial lettings

Many of our clients need to establish premises in order to do business – this can by either a store, for retail operations or an office for other types of business. In either case we can help you to organise the relevant real estate professionals as well as the legal aspects of such operations including lease review.

Information on appropriate locations for business location locally
Assistance to enlist appropriate real estate agencies.
Attendance with clients to viewings of premises
Review of the Tenancy Agreement and signature.
Help with utility companies.
Assistance with Temporary or Permanent Residence application, where required
Full Accounting, Tax & HR Service available

Forced property sales

A common problem faced by separating couples is, what to do with the foreign holiday home. Sometimes the couple decide to put the property in the name of one, while the other takes an equivalent property elsewhere. On other occasions, agreement is not possible, and one co-owner wishes to divest themselves of an asset that they maybe they no longer use. However, without the agreement of their co-owner, this is complex. A forced sale is possible, but expensive.

Initial discussion with an English-speaking lawyer specialising in property law to determine the co-owners specific situation and advice on the options available
Attempt negotiation with the other co-owner to try to reach an agreement to sell the property, it being in everyone’s financial interest
Upon failure to reach agreement, legal proceedings can be initiated to obtain a Court Order to force a sale of the property at public auction
A public auction is to be avoided as a very low bid can potentially take the property – potentially by the other co-owner – which is why we recommend that your lawyer attends the auction on your behalf to monitor the auction.

Property purchase immediate

Buying property abroad is a very popular activity but can be fraught with dangers. Given that the purchase of a property is one of the most important investments that most people will make in their lifetime, it is crucial to be advised by an independent expert.

Review of the purchase contract.
Management of negotiations and counter-offers.
Verification that the seller is able to pass good title.
Registry search to ensure property free of any charges or other mortgages.
Ensure outstanding taxes on the property are up-to-date before transfer.
Make sure that all items included in the sale (fixtures and fittings etc.).
Attendance and assistance when signing the deeds of the property.
Management of negotiations and counter-offers
In depth information about schools, sports clubs, shops, cultural organisations, etc.
Payment of stamp duty.

Residential lettings

Renting a property abroad can be rather more complex than the same operation in your home country since the local laws will be different and, often, as a result of language difficulties, it becomes necessary to rely on strangers who may – or may not – have your best interests at heart. A lease is a contract that creates long term obligations and so should be reviewed by an expert before considering entering into them.

Providing assistance to either landlord or tenant
Information on appropriate locations for residential locations locally
Assistance to enlist appropriate real estate agencies.
Review of the Tenancy Agreement and signature.
Assist with changeover of utility companies

Evictions services

If you own a property abroad that you rent long-term to a tenant who has breached the terms of the lease either through failing to pay the specified rent, within the specified timeframe, or by breach of some other term of the lease, you may be entitled to initiate legal proceedings to recover vacant possession of the property and so you will need :

Primary focus is placed on efforts to get a satisfactory solution without resorting to judicial proceedings
Initial Contact by telephone/email/formal legal letter with tenants/occupiers to attempt to arrange fast and orderly exit from the property
If unsuccessful, initiate judicial proceedings to obtain vacant possession of property
Option to also pursue tenant for outstanding rent and any other unpaid bills (note in some jurisdictions this carries additional legal costs with a potentially low success rate due to the tenant’s circumstances, so better to offer as an option to keep costs down).

Landlord tenant disputes

Given the central importance of maintaining a roof over one’s head, it is hardly surprising that it gives rise to one of the most common reasons for resorting to legal advice. While it can surely be claimed that tenants are typically at a disadvantage in the negotiations, at times landlords suffer and are left out of pocket due to activities of their tenants.

Initial assessment by an English-speaking lawyer specialised in property law
Review of any lease agreement
Proposals on best, low-cost course of action to achieve the most advantageous result
Formal communications with the other party in an effort to reach a solution
Ultimate resort to legal proceedings if no other resolution possible.

Property lease review

This is a service that is aimed at both tenants and landlords, since both parties can benefit tremendously from a review of the contract that will regulate their relationship and any disputes for a reasonable period of time. For the landlord it can be an important source of income and for the tenant, it is the very roof over their head.

Initial discussion with an English-speaking lawyer specialised in property law to understand the nature of the planned lease
Drafting of the agreement in English & Spanish
Follow-up questions relating to the agreement and assistance with signing of the agreement.

Property sales

Selling property abroad may initially appear to be a safe process and so it is important to ensure that you obtain the full proceeds you are due and that you are not ignoring any continuing liabilities that could cause problems in the future

Drafting of a pre-purchase contract to Protect the Sale
Review of the title deeds to ensure that all documentation is in order
Communication with the legal representatives of the buyer
Attendance at the office of the notary for the signing
Liaison with the Notary to ensure all necessary information is conveyed
Ensure payment of purchase monies to your nominated account
Manage the payment and reclaim of any taxes upon a successful sale

Rental deposit recovery

Unfortunately an all too common occurrence in Mediterranean countries is for unscrupulous landlords to refuse to return a deposit paid by a tenant in good faith, for some serious reason relating to supposed damages caused to the property during the tenancy.

Analysis of the circumstances of the non-repayment of the deposit money
Review of the lease agreement
Communication with the landlord to attempt to persuade them to return the deposit
If not possible to convince the landlord to return the deposit, the only remaining remedy is to initiate legal proceedings against the landlord