Private Law

Conveyancing

 

CPM LAWYERS provide a tailor-made Spanish conveyancing service by experts in property law.

You will receive global advice about all necessary steps to the purchase of your property in Spain.

Our conveyancing package covers every aspect of property transfer and has been designed with Non-resident/international clients in mind.

Avoiding time and money is our mission; If you choose to grant us a Power of Attorney to act on your behalf, we will take care of the transfer to completion without your having to travel to Spain.

We understand your needs and your expectations of service and we will guide you throughout the whole process.

Our real estate lawyers will handle the property transaction checking whether the property meets every legal requirement, we will revise the contract to protect your interests, making sure there are no abusive clauses.

Our Firm will take every step to guarantee that your property is properly registered before a notary and in the Land Registry.

– Drafting of Purchase Contract

– Land Registry Searches

– Off Plan Payments & Bank Guarantees

– Mortgage application (if required)

– Completion

– Land Registry Registration

– Payment of Taxes

– Bank Account

 

Our service includes:

– Confirm that the seller is the owner of the property, find out if the property is free of debt, and that the description of the property matches the seller’s description.

– Demand the necessary licenses and authorizations so that the buyer will be sure that they are buying in accordance with the law, and understand the state of liens and encumbrances described. For a new construction, confirm that the developer is the owner of the land, and check the legal status of the developer.

– Agree on the terms of the purchase with the seller or their attorney, such as who pays what taxes, and what furniture or appliances (if any) will be included in the sale.

– Draft or review a pre-agreement. Contrato de Arras

– Draft/review the deed, following the instructions of the various parties, while pursuing the best interests of the client. Communicating with the notary: review all documents, ensuring the successful signing.

– Appear at the notary’s office for the signing. If you are unable to be present at the closing, we arrange a prior appointment for you with a notary either in Spain or in a Spanish Consulate, so that you can grant us a power of attorney (POA) to sign on your behalf.

– Ensure that the notary registers the purchase with the Property Registry.

– Pay the mandatory taxes until the complete registration of the property in client´s name.

 

Mortgage and Repossession

The economic crisis, and recently the impact of COVID19, which has engulfed a large part of the world, is seriously affecting not only individuals but also companies, the self-employed and small businesses, with great impact on families.

Many UK clients who purchased a Spanish holiday home during the boom years in the property market now find themselves in a much less favourable financial position and consequently find making mortgage payments on their second home a strain on the family budget.

Our property lawyers have extensive experience in negotiating with Spanish mortgage lenders.

 

We can assist you with:

  • Re-negotiate the terms of an existing mortgage. Cancel mortgage contract and return property to lender (DACIÓN EN PAGO).
  • Arrange sale of property whilst ceasing mortgage payments.
  • Haltre possession proceedings.
  • Settle you mortgage when you purchase a property.

 

Mortgage Caps, Floor Clauses, IPRH

We can assist with removing these clauses from your mortgage agreement.

Most of borrowers with mortgages in Spain taken out in recent years could be entitled to a substantial refund.

Recent judgments in the EU and Spain are in favour of the clients who signed the mortgages without having transparent information. Some Spanish mortgage lenders/banks have been overcharging borrowers using illegal ‘FLOOR’ CLAUSES that limit the minimum interest rate.

If your mortgage agreement includes a floor clause, whether referred to EURIBOR or IRPH indicators, you should get paid back the difference between the level of the floor rate and the level of interest reference for the period below that, as well as compensatory interest.

 

Lease

Our Firm is expert in leasing. We can assist you with:

  • Draft/ review of Rental Contracts
  • Eviction procedures
  • Claiming un paid rents

 

«Dación en pago» and «Quita»

Dacion en Pago (handing back the keys to the lender) has become the best solution for those, who cannot cope with their monthly payments to banks (whether or not they are resident in Spanish territory), are immersed in Foreclosure Procedures. These procedures use to have tragic outcomes as families are evicted of their properties and are forced, in some cases, to continue paying the outstanding capital after the auction of the mortgaged property.

Our professional specialty is to engage negotiation with banking entities and to give the house to the bank as a full payment of the outstanding capital of the mortgage, releasing the client from any liability and debt and ensuring their interests and benefits. This process is called Dacionen Pago (Dation in Payment).

However, there are cases where Dacionen Pago is not possible and we need to find another ways of solution. In those cases, we follow Quita process.

Sales with Quita are the best option for those who want to sell their properties but the market prices are bellower than their mortgage debts. This situation occurs very often since the last economic and financial crisis. The crackling down of house prices prevents the sale of mortgaged properties so that the Sale with Quita is the best way to get rid of the properties and cancel the mortgages without assuming a high cost and expense.

 

Probate, Inheritance and Wills

Probate

CPM LAWYERS has a prompt and efficient probate service to foreign nationals with assets in Spain.

Our law firm renders a comprehensive counselling for granting of probate procedures, whether the deceased made a will in Spain or whether the deceased only made a will in his/her country of origin or even if a will was never made.

We provide a complete Spanish Probate service with the aim of sparing unnecessary discomfort after the loss of a loved one.

We believe that dealing with probate matters should be as less onerous as possible; we will do our best to settle the deceased affaires.

Our lawyers will deal with the processing and signature (through a power of attorney) of all necessary documentation, collecting in the estate, submitting Inheritance Tax return, settle the debts of the estate, paying out to the beneficiaries and/or arranging the sale of assets.

 

Inheritance & Wills

CPM LAWYERS strongly recommend that UK clients make a will to cover their assets in Spain.

We provide legal counselling for drafting the most suitable last will and testament fitting your personal situation. For example, for most foreigners (residents or non-residents) with a house or other real estate in Spain it´s favourable to have Spanish will which states their choice for their personal (national) law to apply in case of death.

Under Spanish law, in the event that there is no will in Spain, the deceased assets may be automatically disposed of under the compulsory heirs system in Spanish law.

The Spanish succession process can be summarised into nine main steps:

1.- Gathering Documentation:

– Originals of the death certificate and the will;

– Deeds for any property;

– A receipt for the most recent property rates payment;

– Bank accounts information;

– Valuations;

– NIE of the deceased

– Date of death statements: If there isn’t a will you must provide proof of relationship (i.e. birth or marriage certificate).

2.- Power of Attorney

3.- Obtaining a NIE

4.- Searching the Central Wills Registry

5.- Legal Certification and Official Translations

6.- Execution of Inheritance Deed: Spanish inheritance tax must be paid within six months of the date of death to avoid interest and penalties.

7.- Tax Payment

8.- Dealing with the Bank

9.- Registry Applications

The succession process involves a various number or costs such as Notary fees in the UK and in Spain, translations, Certificates, Property registration fees, Spanish inheritance tax etc.

CPM LAWYERS will draft the will, which includes an English translation of the document. Then, the document will have to be witnessed by a notary in either UK or Spain.

 

N.I.E. Certificates

We are able to obtain NIE and NIF numbers on behalf of clients.

The NIE number is a Fiscal Identification Number and is required if you intend to:

  • Purchase a property in Spain.
  • Open a bank account in Spain.
  • Start a business.
  • Paytaxes in Spain.
  • Receivean inheritance.
  • Residence in Spain.

 

Documentation required:

– Passport copy certified by a Notary Public in the UK.

– Power of Attorney (Limited) with Hague Apostille.

– Passport size photograph.

– Signed NIE Form.

 

Litigation

CPM LAWYERS provides comprehensive litigation and mediation services covering a wide range of issues.

Litigation involves bringing or defending a claim in court, or in general representing someone at the Court in all types of cases.

CPM LAWYERS offer the following services to Private & Corporate clients.

Please, note that this is a short list of common situations – we will be able to assist you in any sort of claim or Court case in Spain.

 

Areas of expertise:

  • Civil law
  • Corporate Law
  • Family law
  • Criminal law
  • Labour law
  • Contract Disputes
  • Property Dispute Resolution
  • Landlord/Tenant Disputes
  • Damages Claims
  • Administrative Litigation

 

Family Law

Family Law covers matters which are difficult to mix such as family relations, affections and financial affairs, whether inside or outside of marriage, and that can be a stressful experience especially when children are involved.

CPM LAWYERS aims to help you reach the best possible agreement, as quickly as possible, and in the least burdensome way possible for you and your family.

If you are living or working in Spain you will require the assistance of an experienced English speaking lawyer.

 

We can assist you with:

  • Divorce and separation
  • Pre-nuptial agreements
  • Child custody, maintenance and arrangements
  • Civil Partnerships
  • Succession law
  • Financial Settlements
  • Domestic violence

 

Employment Law

Our skilled team of lawyers have broad experience in Labour Law so that they will advise you in the best way of acting when conflict arises between companies and their workforce.

 

Employers

CPM LAWYERS acts in protecting employers from unnecessary litigation, as well as providing a high-level dispute resolution service.

 

Employees

  • Unfair Dismissal
  • Redundancy
  • Maternity Rights
  • Bonus Disputes
  • Breachof Contract
  • Disability Discrimination
  • Sex Discrimination
  • Disciplinary Procedures
  • Equal Opportunities
  • Stress at work
  • Industrial Action

 

Contact us