This is a very common question that is usually asked before the intention to purchase a home or business establishment and can be a great economic saving and avoid future problems. Generally, it is thought that the services of a lawyer are necessary at the time of transfer of the property, but a previous action can be beneficial to know well that it is going to sign and avoid future unforeseen events.
It is important to have good advice from a lawyer before carrying out the formalities of such an important operation as a purchase or sale, whether it is a house, a business establishment, etc. Knowing what the possible costs of the transfer of the property and future expenses will be, and whether it can be carried out correctly without risk, knowing well the current regulations and the tax situation.
The first step in any sale and purchase is the formalisation of the deposit contract, of which we must have full knowledge of the situation related to the property before signing and paying the deposit, in order to avoid future inconveniences; we must know that the person selling is the sole owner of the property, in the case of more than one owner, they will all have to express their willingness to sell, also that there are no associated charges, outstanding debts or that they comply with the town planning regulations.
In the case of making a mortgage contract, before negotiating with the bank, it is very convenient to seek the advice of a lawyer to find the bank that favours it most and that it fulfils its conditions at the time of signing the deeds, also to carry out a previous study of the mortgage contract, in order to avoid the famous abusive clauses and not to be charged with all the associated costs.
It is also important to make a previous study of the contract to sign, to know and understand that all its clauses are within what the regulation demands, to know which expenses will be the ones that we must fulfill at the time of making the signature, of which it does not have present or future accumulated debts and like being able to act if we find some abusive clause.
To have the services of a lawyer before facing all this procedure, generates the tranquility of knowing that you have full knowledge of everything that is going to be signed, that you will not find unpleasant surprises in the future and that you will have the property in full conditions.
Zavala & Moscoso
At Zavala & Moscoso we have extensive experience in the legal aspects of all types of properties (office buildings, shopping centres, industrial and logistical warehouses, hotels, retirement homes, residential estates, golf courses and marinas), to guide you through the process of sale or acquisition with total security, both to national and international clients.
- Review of purchase contracts, deposit contracts, mortgage contracts, contracts with option to buy, deposit contracts, among others, to ensure that everything is correct before signing the deed.
- Supervision of the notarial process of signing the deed and carrying out the previous administrative actions
- After-sales services, to manage the relevant actions in cases of damage to the property and supervision of compliance with the obligations arising from the sale.
We also provide services and advice:
CIVIL LAW
- Family: Family property planning. Portfolio optimization.
- Inheritance: Organization of successions. Claiming of heirs, acceptance and adjudication of inheritances.
- Large estates: Structuring of family groups.
- Arbitration and mediation. Representation and defence before the courts.
COMMERCIAL AND CORPORATE
- Company law: Incorporation of companies, design of the legal structure of the operation, drafting and negotiation of shareholders’ agreements, agreements of the Company’s administrative bodies, attendance at General Meetings, capital increases and reductions, mergers and splits, other statutory changes.
- -Financial and banking law: Structured financing operations. Issues and public offerings of financial instruments. Collective investment institutions. Banking contract law. Intellectual and Industrial Property: Protection of patents and trademarks, protection against unfair competition.
- Bankruptcy Law: Refinancing, bankruptcy mediation, pre-bankruptcy declarations, assistance to companies in bankruptcy proceedings, agreements and liquidation.
- -Labour: mediation and litigation, hiring and firing, employment regulations and senior management.
CRIMINAL LAW
- -Corporate crime and corporate criminal law.
- -Crimes against the patrimony and against the socioeconomic order
- -Money laundering.
- -Crimes against the public administration and against the administration of justice (malfeasance, bribery and corruption)
- -Crimes against the Public Treasury and the Social Security
- -Crimes against health and safety in the workplace Crimes against the territory planning.
- -Environmental offences
- Crimes against privacy and self-image
- -Crimes against honour (slander and libel)
- -Documentary misrepresentations
- -Crimes against industrial and intellectual property
- -Crimes against the market and consumers
- -Crimes against persons (injuries and negligent homicides)This is a very common question that is usually asked before the intention to purchase a home or business establishment and can be a great economic saving and avoid future problems. Generally, it is thought that the services of a lawyer are necessary at the time of transfer of the property, but a previous action can be beneficial to know well that it is going to sign and avoid future unforeseen events.
It is important to have good advice from a lawyer before carrying out the formalities of such an important operation as a purchase or sale, whether it is a house, a business establishment, etc. Knowing what the possible costs of the transfer of the property and future expenses will be, and whether it can be carried out correctly without risk, knowing well the current regulations and the tax situation.
The first step in any sale and purchase is the formalisation of the deposit contract, of which we must have full knowledge of the situation related to the property before signing and paying the deposit, in order to avoid future inconveniences; we must know that the person selling is the sole owner of the property, in the case of more than one owner, they will all have to express their willingness to sell, also that there are no associated charges, outstanding debts or that they comply with the town planning regulations.
In the case of making a mortgage contract, before negotiating with the bank, it is very convenient to seek the advice of a lawyer to find the bank that favours it most and that it fulfils its conditions at the time of signing the deeds, also to carry out a previous study of the mortgage contract, in order to avoid the famous abusive clauses and not to be charged with all the associated costs.
It is also important to make a previous study of the contract to sign, to know and understand that all its clauses are within what the regulation demands, to know which expenses will be the ones that we must fulfill at the time of making the signature, of which it does not have present or future accumulated debts and like being able to act if we find some abusive clause.
To have the services of a lawyer before facing all this procedure, generates the tranquility of knowing that you have full knowledge of everything that is going to be signed, that you will not find unpleasant surprises in the future and that you will have the property in full conditions.
Zavala & Moscoso
At Zavala & Moscoso we have extensive experience in the legal aspects of all types of properties (office buildings, shopping centres, industrial and logistical warehouses, hotels, retirement homes, residential estates, golf courses and marinas), to guide you through the process of sale or acquisition with total security, both to national and international clients.
- Review of purchase contracts, deposit contracts, mortgage contracts, contracts with option to buy, deposit contracts, among others, to ensure that everything is correct before signing the deed.
- Supervision of the notarial process of signing the deed and carrying out the previous administrative actions
- After-sales services, to manage the relevant actions in cases of damage to the property and supervision of compliance with the obligations arising from the sale.
We also provide services and advice:
CIVIL LAW
- Family: Family property planning. Portfolio optimization.
- Inheritance: Organization of successions. Claiming of heirs, acceptance and adjudication of inheritances.
- Large estates: Structuring of family groups.
- Arbitration and mediation. Representation and defence before the courts.
COMMERCIAL AND CORPORATE
- Company law: Incorporation of companies, design of the legal structure of the operation, drafting and negotiation of shareholders’ agreements, agreements of the Company’s administrative bodies, attendance at General Meetings, capital increases and reductions, mergers and splits, other statutory changes.
- Financial and banking law: Structured financing operations. Issues and public offerings of financial instruments. Collective investment institutions. Banking contract law. Intellectual and Industrial Property: Protection of patents and trademarks, protection against unfair competition.
- Bankruptcy Law: Refinancing, bankruptcy mediation, pre-bankruptcy declarations, assistance to companies in bankruptcy proceedings, agreements and liquidation.
- Labour: mediation and litigation, hiring and firing, employment regulations and senior management.
CRIMINAL LAW
- Corporate crime and corporate criminal law.
- Crimes against the patrimony and against the socioeconomic order
- Money laundering.
- Crimes against the public administration and against the administration of justice (malfeasance, bribery and corruption)
- Crimes against the Public Treasury and the Social Security
- Crimes against health and safety in the workplace Crimes against the territory planning.
- Environmental offences
- Crimes against privacy and self-image
- Crimes against honour (slander and libel)
- Documentary misrepresentations
- Crimes against industrial and intellectual property
- Crimes against the market and consumers
- Crimes against persons (injuries and negligent homicides)