2.5. Finding an independent lawyer
HOW TO FIND A GOOD PROPERTY LAWYER IN MALLORCA
Find a professional, independent lawyer, registered with the Bar Association (Colegio de Abogados).
Your lawyer is your guide and legal advisor throughout the conveyancing process. He/she is there to ensure the entire procedure is carried out correctly, in legal and fiscal terms and that the property purchase meets all the legal criteria.
YOUR LAWYER'S MAY DUTIES ARE:
To draft and review contracts.
Preliminary Contract (Contrato privado de Compraventa).
Your lawyer will prepare the preliminary contract ensuring your down payment is protected and guaranteeing that if the seller decides against the sale or finds a different buyer, then the deposit will be returned to you, double.
The Contract of Sale (Escritura de Compraventa) infront of a Notary.
Legal and administrative issues:
Due Diligence (Check ownership claim, charges, permits...)This is done by acquiring a copy of the Title Deed from the Land Registry Office and checking the legal status of the property.
Your lawyer will check the property is free from any debts, liabilities or outstanding mortgages or loans, confirm the legal owner of the property and check the title deeds.
Documentation and taxes (Property registration, tax payments).
Your lawyer will also check the property has all the necessary licenses, that it has been correctly registered in the land registry, whether there are any urban infringements. Your lawyer is also there to keep you informed on the buying process and tell you about all the purchase taxes and fees you have to pay during and after the purchase.
Your lawyer’s legal fees should be agreed beforehand. Compare fees of several legal practices, get quotations in writing and check whether they are full and binding or merely an estimate.
Lawyer's fees usually range around 1% of the purchase price of the property.
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