Real Estate Lawyers in Marbella
At Davó Law Office we are specialists in real estate and urban planning law in Marbella, offering comprehensive support for individuals, investors, and developers seeking to buy, sell, or develop properties on the Costa del Sol.
With more than 15 years of experience in the sector, our real estate lawyers in Marbella guarantee legal security in every transaction.
DAVO OFFICE LAW AS REAL ESTATE LAWYERS
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OUR SERVICES AS REAL ESTATE LAWYERS.
We draft all kinds of contracts related to real estate transactions, such as: lease contracts, purchase option contracts, reservation contracts, earnest money and purchase and sale contracts.
We study the status of the owner’s possible debts with the different entities involved, both public and private (community of owners, City Hall and other public entities).
Claims for construction defects. They advise on hidden defects, structural defects, and habitability issues, providing legal representation from the extrajudicial claim to the judicial process.
In coordination with Technical Architects, we analyze undevelopable rural land and supervise the reports issued by them on the possibilities of land regularization in accordance with the General Urban Development Plan of each locality. Likewise, we manage the corresponding regularization procedures, such as the segregation of plots or the qualification of AFO (Assimilated Out of Order) housing in Spain.
Study of the classification and qualification of the land, as well as the permitted buildability.
We manage the lifting of encumbrances that a property may have, including the cancellation of mortgages, liens and injunctions, among others.
We offer after-sales services, assisting the customer during the change of ownership of supplies, among others.
Real Estate Services in Marbella
Buyer’s Guide
Buying a property involves several legal and administrative steps. Having a specialized Real Estate Lawyer in Marbella such as Davó Law Office is a safe option with no hidden risks:
- Legal review and property study: We check the documentation, possible charges or debts, and the urban planning situation.
- Contracts and initial payments: We draft and review reservation and purchase contracts, managing partial payments securely.
- Legal report: We deliver a full report on the legal status of the property before the final signing.
- Public deed and registration: We assist at the notary signing, handle tax settlement, and registration at the Land Registry.
- Post-purchase procedures: We help with local taxes, utility connections, and homeowners’ association formalities.
What documentation do you need?
- NIE: Spanish tax identification number
- Spanish bank account
- Notarized copy of passport: If you do not yet have an NIE, this process is necessary to obtain one. At Davó we will assist you with this procedure.
- Proof of income and savings: required to comply with Spanish and EU anti-money laundering regulations.
- Power of attorney: in case you wish us to complete the transaction on your behalf.
Approximate purchase costs:
| Concept | New Build (off-plan) | Resale |
|---|---|---|
| Main tax | VAT 10% + Stamp Duty 1.5% | Transfer Tax (7%–10% depending on price) |
| Notary | €500 – €2,000 | €500 – €2,000 |
| Land Registry | €350 – €900 | €350 – €900 |
| Utility connections | approx. €400 | approx. €400 |
| Bank fees | €300 – €600 | €300 – €600 |
| Power of attorney | €60 – €250 | €60 – €250 |
| Other minor expenses | approx. €200 | approx. €200 |
| Estimated total | 13% – 14% of the purchase price | 10% – 12% of the purchase price |
Selling a property involves a series of legal and administrative steps. Having a firm like Davó Law Office, specialists in real estate law in Marbella, ensures that the transaction process will be fast, secure, and hassle-free:
- Preparation and documentation: We gather the essential documents to ensure that the property is free of charges and debts.
- Contracts and initial payments: After legal checks, a reservation contract is signed (with a payment between €3,000 and €10,000) or directly a private purchase agreement.
- Signing before a notary: At this stage, the remaining amount is paid, the property is delivered, and if the seller is a non-resident, the buyer withholds 3% of the price as a tax provision.
- Post-sale formalities: Mortgage cancellation, tax payments (municipal capital gains tax and 19% capital gains tax, if applicable), notification to the City Council and homeowners’ association, and change or termination of utilities.
What documentation do you need?
- Property deed or title
- Updated Land Registry certificate
- Latest IBI, waste, and utility bills (water, electricity, gas)
- Certificate from the community administrator (payment status and fees)
- Community statutes (if available)
- Energy efficiency certificate (EEC)
- In case of mortgage: bank certificate of outstanding balance
- Seller’s NIE
- Power of attorney (if granted to lawyers to handle the sale)
- First occupancy license or residence license
- Furniture inventory (if the property is sold furnished)
- Tax residence certificate (to avoid the 3% withholding if applicable)
Approximate selling costs
The seller should anticipate the following main costs:
- Legal fees: 1% of the sale price + VAT.
- Real estate agency: between 4% and 7.5% + VAT (if involved).
- Mortgage cancellation: between €400 and €600.
- Taxes: municipal capital gains tax (approx. €600 to €3,000) and capital gains tax on profits (19%).
- Other costs: energy efficiency certificate (€80 to €200), notary and bank fees (€300 to €600).
Having specialized lawyers helps avoid risks, ensures the transaction complies with regulations, and guarantees that the seller receives the payment correctly, free of encumbrances and without subsequent tax issues.
DAVÓ LAW OFFICES
At DAVÓ LAW OFFICES we are aware of the difficulties our clients may encounter when signing the real estate transaction in person, such as in the case of non-resident Aliens Law. In these cases, our lawyers will prepare a power of attorney.
CONTACT US
An International Law Firm
Davo Law Offices
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TO OUR CUSTOMERS
At DAVÓ LAW OFFICES we have teams in Spain and Romania that share a unique vision: to accompany the client in making important decisions by sharing their objectives and challenges.
COMMITTED TO HELPING
OUR CLIENTS
At DAVO LAW OFFICES we have teams in Spain and Romania that share a unique vision: to accompany the client in making important decisions by sharing their objectives and challenges.
FREQUENTLY ASKED QUESTIONS ABOUT OUR REAL ESTATE LAWYERS IN MARBELLA
A real estate lawyer in Marbella provides legal advice on property purchases, sales, and rentals. They also review contracts, check for liens and encumbrances, manage related taxes, and offer legal representation in case of property-related disputes.
Ideally, you should contact a real estate lawyer in Marbella before signing any reservation or purchase contract. Their early guidance can help prevent future conflicts and ensure that all conditions are fair and transparent for both parties.
A real estate lawyer in Marbella will review the title deed, registry records, energy efficiency certificate, certificate of occupancy, community bylaws (if applicable), and tax receipts such as the IBI (property tax).
At Davo Law Offices, we combine in-depth knowledge of Spanish property law with a personalized approach. Our firm stands out for its transparency, efficiency, and extensive experience in real estate transactions in Marbella and the Costa del Sol.
You can contact Davo Law Offices via our online form, by phone, or by visiting our office in Marbella. Our real estate lawyer in Marbella will guide you from the initial consultation to the notary signing, ensuring a smooth and secure process.