Property Sales and Purchases in Ibiza
Home > Real Estate Lawyer > Property Transactions
At Rodríguez Tur Abogados, we specialise in legal advice and assistance for real estate transactions in Ibiza and the Balearic Islands. Our legal services are designed to protect your interests in property purchase and sale processes, ensuring that the transaction is carried out quickly, safely, and in accordance with the law. We have extensive experience advising both individuals and businesses in real estate transactions.
One of the main risks when acquiring a property in the Balearic Islands is the legal urban planning status of the buildings. At Rodríguez Tur Abogados, as experts in urban planning law, we ensure that your purchase is made with full legal guarantees. To achieve this, we carry out a comprehensive urban planning report (due diligence), in which we assess the legal status of the property and identify potential risks.
Legal services for the purchase and sale of properties in Ibiza and the Balearic Islands
Buying or selling a property is a process that involves significant economic investment and a series of legal and fiscal procedures that must be completed to guarantee the security of the transaction. Having a lawyer specialised in property sales and purchases in Ibiza is essential to avoid risks, ensure that the property is free of charges or encumbrances, and that all agreements are formalised in a clear and transparent manner.
We take care of everything necessary to ensure that your property transaction is completed with full legal guarantees. We accompany you throughout the process, from initial negotiations to the signing of the notarial deed and the registration of the property in the Land Registry.
Advice on real estate sales contracts in Ibiza and the Balearic Islands
We offer a comprehensive service to ensure a smooth and secure property transaction in the Balearic Islands. Our main areas of expertise include:
- Contract review and drafting: We carefully review and draft purchase agreements, ensuring that all clauses are clear and that your rights and interests are fully protected.
- Verification of charges and encumbrances: We examine the property’s legal status, making sure it is free from charges, mortgages, or restrictions that could impact the transaction.
- Negotiation of terms: We assist in negotiations, representing your interests to secure the best possible terms for you.
- Management of legal documentation: We handle all the necessary legal and administrative procedures, from the signing of the contract to the registration of the property.
At Rodríguez Tur Abogados, we have an in-depth understanding of the real estate market in Ibiza and the Balearic Islands, allowing us to offer a fast, efficient service that is fully tailored to your needs.
There are several complementary legal services to property transactions that may be necessary or useful to ensure a successful real estate transaction and protect the client’s interests. These services cover various aspects of real estate and administrative law. Here are some of the most common ones.
Inheritance and Succession Management
In many cases, property transactions are linked to inheritance situations. Specialised lawyers can assist in the proper allocation of real estate within a succession process, ensuring that the rights of the heirs are respected and that the property is in a condition to be sold or purchased.
Tax and Fiscal Advice
Buying or selling a property involves tax obligations that vary depending on the type of transaction, the profile of the buyer or seller, and the applicable regulations in the area. Tax management includes
Mortgage Financing Advice
Many property transactions require financing through a mortgage. Lawyers can assist in negotiating and reviewing mortgage conditions, ensuring that the terms of the mortgage loan are fair and legal. They can also help negotiate with financial institutions in case of financing issues.
Urban Planning and Permits
In real estate transactions, it is essential to verify that the property complies with all urban planning regulations. Lawyers can:
- Verify the legality of land use and construction permits.
- Assist in obtaining certificates of habitability or permits for renovations or modifications.
- Ensure that the property is not affected by future urban plans that could devalue it.
Advice on Real Estate Investments
Real estate lawyers can also advise investors looking to acquire properties for commercial, tourist, or rental purposes. They offer services such as:
- Evaluation of investment opportunities.
- Real estate due diligence to verify the legal viability of the property.
- Legal strategies for purchasing properties intended for holiday rentals or commercial use.
Constitution of Owners’ Communities
In some cases, the buyer may acquire a property under a condominium regime. Lawyers offer services such as:
- Assistance in the constitution and drafting of the community’s statutes.
- Advice on resolving disputes within the community.
- Management of unpaid community fees.
Management of Hidden Defects and Construction Faults
After the purchase, problems related to construction defects or hidden faults not detected before the acquisition may arise. Lawyers can manage claims and lawsuits against the sellers or responsible developers, as appropriate.
Estate Planning and Asset Protection
Acquiring real estate may be part of an estate planning strategy. Specialised lawyers can help protect personal or business assets by legally structuring the purchase and creating companies to acquire properties.
Resolution of Real Estate Disputes
Conflicts arising from property transactions may require legal assistance. These can include:
- Contractual disputes.
- Breach of agreed conditions.
- Issues with tenants or neighbours.
- Claims for hidden defects or structural faults in the property.
Frequently Asked Questions About Real Estate Transactions
The main taxes are VAT (for new properties) or the Property Transfer Tax (for second-hand properties). The Stamp Duty may also apply in some cases.
In addition to the property price, buyers should consider costs like notary fees, registration fees, administrative services, property appraisal, and sometimes real estate agency fees.
For buying, you generally need your ID/NIE, a deposit agreement, and approved mortgage (if applicable). For selling, you need the title deed, an energy efficiency certificate, and proof of being up to date on taxes and community fees.
Debts like mortgages or liens must be settled before the sale. A property registry extract (nota simple) can help identify any existing encumbrances.
By signing a deposit agreement, the buyer commits to the purchase and provides a deposit. If the buyer backs out, they lose the deposit. If the seller backs out, they must return double the amount received.
Don't wait any longer
Contact our lawyers today.
Tell us about your case, and we will assess the best strategy to win.
