Conveyancing Lawyer in Cartagena
Buying a Property in Spain
with a Conveyancing Lawyer in Cartagena.
No one here at Ferrández Solicitors has bought a house in the UK — but if we were about to, we would want our UK solicitors to recognise that and explain, in language we can actually understand, exactly what is happening and why. That is the ethos we build every client relationship around.
From our offices in Cartagena and Hacienda del Álamo, we act for buyers throughout the Murcia region, handling the entire purchase from the first enquiry to the moment the deeds are registered in your name.
Why You Need a Conveyancing Lawyer in Cartagena Before You Sign Anything
Do not sign anything before taking independant legal advice .
You may be told by the seller that "there are many offers" or that "this property is a magnificent opportunity". It may well be true — but do not sign or commit to anything before taking independent legal advice.
Buying a property in Spain is, in essence, no different from buying in the UK: few of us would consider purchasing without the help of a legal professional. In Spain, because of the different legal system and the language barrier, that representation matters even more.
It is quite common for buyers to sign contracts and pay large deposits with no real knowledge of the legality of the document or the transaction. Is the property legally registered? Are there rights of way? Is the deposit refundable? The list goes on.
What we want is simple: that you do not act any differently than you would when buying a home in your own country. Ask for advice before signing anything, so you know exactly what you are committing to and pay only the minimum necessary to have your offer accepted on terms you are happy with.
Preliminary enquiries will not delay your offer by more than a day or two. In return, you gain security and peace of mind — and the purchase of your home becomes a pleasure rather than a problem.
The Checks We Run First as property laawyers
At the outset, request a copy of any one of the following documents:
- Deep of ownership (Escritura).
- Nota Simple.
- Property Registry data.
- Catastral reference.
Any of these will suffice. With it we make preliminary enquiries into ownership, charges, mortgages and the accuracy of the information held at the Property Registry, and then confirm the legal position to you.
Just as importantly, we prepare and send you a full breakdown of the expenses, taxes and fees you need to budget for if you decide to go ahead.
How we proceed as conveyancing lawyers in Cartagena
Private Contrant and Due Diligence
Once the legal facts match the sales information, you can make an offer and reach an agreement. From there we request further documentation from the seller and check the status of local taxes, community charges, the energy certificate and more.
At the same time we prepare the contract of sale and set a timescale for formalising the public deed. Although not a mandatory rule, a payment on account of around 10% of the agreed price is usually made when the private contract is signed.
The problems we find — and solve
It is hard to believe, but a straightforward purchase with no complications is unusual. Without guidance, even a small problem can create a great deal of unease.
- Minor issues: existing mortgages, unpaid local taxes, outstanding community fees. Easily managed as long as they are identified and accounted for.
- More serious issues: discrepancies between the Property Registry and reality — illegally constructed properties, annexes or pools built without planning consent, or inherited property never formally transferred.
This is where our experience matters. We look for underlying issues and work to resolve them. The vast majority are solvable, but there are times when we will advise you to reduce your offer — or to walk away.
You will always know where you stand
Communication is central to how we work. We expect to find issues with most purchases and will normally resolve them without involving you. But if you have any doubt about any aspect of your purchase, tell us and we will investigate and put your mind at rest. We prefer to give solutions, not problems.
We will also ask about your preferred timescale. A purchase can be finalised in as little as two or three weeks, or take longer if you need to arrange funding or tie completion to a particular date. We always act for you, in your best interests — and doing it well always comes before doing it quickly.
Completion: NIE, Bank Account and Public Deed
Essentials.
Once the formalities are complete, we are ready to complete the purchase: signing the public deeds and paying the funds required. You simply tell us whether you wish to attend the notary in person or prefer that we represent you. In either case, granting us a Power of Attorney is preferable, as it allows us to act on your behalf throughout the purchase and beyond.
At this stage it is essential to:
- Apply for your NIE (Foreigners Identification Number).
- Open a Spanish current account. This is less about making payments at signing and more about setting up direct debits for water, electricity, community fees and local taxes.
Once everything is in place and the final checks on the property are made, a date is set for signing the public deed of purchase.
A Power of Attorney (POA) is a legal document that allows us to act on your behalf, saving you from travelling to Spain on one or more occasions to sign documents or open accounts.
Is it compulsory? No — but it is extremely convenient. It makes the process easier for everyone and saves our clients trips and time.
Typical uses of the POA include: applying for your NIE, opening a Spanish bank current account, opening any other accounts or services required, signing the water and electricity contracts, preparing payments, signing the purchase deeds...
How our Power of Attorney is different
Unlike most Spanish law firms, we do not use a blanket general POA that would allow us to do practically anything, including matters unrelated to your purchase. We prepare each client's POA individually, granting only the powers needed to complete that specific purchase — nothing more. For your peace of mind.
It is cheaper and quicker to have the POA prepared and signed in Spain at the start of the process. Where that is not possible, we prepare it in Spain and send it to you in the UK to be signed before a Notary Public near you. It is usually drafted in both Spanish and English for your convenience.
Final Steps Handled by Your Conveyancing Lawyer in Cartagena
We take any action necessary so you don't have to worry.
At Ferrández Solicitors we offer a full and complete service. It is us — not the notary or a separate management company — who take care of everything that follows completion:
- Collecting the authorised copy of the deed from the notary's office.
- Preparing and paying the transfer tax (ITP) or stamp duty (AJD).
- Notifying the City Council and paying the tax on the increase in the value of urban land (plusvalía / IIVTNU).
- Presenting the deed at the Land Registry.
- Changing the water, electricity and internet contracts into your name.
- Setting up direct debits for the annual local taxes.
In short, we take any action necessary so that our clients do not have to worry during this period.
The Checks We Run First as property laawyers
Final meeting and advices.
Reaching this point usually takes four to six weeks. Once concluded we let you know and, where possible, arrange a meeting.
The purpose of that meeting is to hand over all the documentation relating to the purchase and to settle the account — returning any excess funds or collecting any difference due. We generally allow for the maximum, but costs such as notary fees and registry charges are estimates, so there may be a difference at the end.
Once the purchase is completed you would be forgiven for thinking our work ends there. In practice, there are other matters worth considering: making a spanish will, the annual submission of Non-Resident Taxes and applying for Spanish residency. We are happy to advise on any of theses
Tell us about your situation.
We do not work for developers or estate agents. Our only client in the transaction is you.
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