Real estate

Buying, selling or letting a property is a major financial decision. We support you with sales and purchases, leases and everything to do with jointly owned buildings and homeowners' associations (comunidades de propietarios): we draft, review and negotiate contracts, resolve property disputes and defend you in claims involving squatting, evictions or unpaid rent, both out of court and in court.

We also advise on property investment, the purchase and sale of commercial premises and rights over property (easements, usufruct…), as well as the tax side of each transaction, so that you sign with legal certainty.

What we do in property law

• Buying and selling. We check the land registry extract (nota simple), charges and easements, draft or review the deposit contract (contrato de arras) and the deed, and explain the costs and taxes before you sign.
• Letting. Residential and commercial leases, deposits, rent reviews, extensions and the end of the tenancy, whether you are the landlord or the tenant.
• Homeowners' associations. Meetings and notices of meetings, challenges to resolutions, claims for unpaid service charges and disputes between neighbours.
• Unpaid rent, squatting and evictions. Claims for rent arrears, recovering possession of your home and representation in court proceedings.
• Investment and property tax. VAT or transfer tax, municipal capital gains tax (plusvalía municipal), capital gains and non-resident taxes, with the support of our tax & business advisory practice.

Common situations

• You are about to sign a deposit contract and aren't sure what happens if the bank turns down your mortgage.
• You have inherited a flat with your siblings and want to sell it or divide it. If the inheritance hasn't been dealt with yet, our guide Inheritance: first steps and deadlines will help you get your bearings.
• Your tenant has stopped paying or won't leave when the lease ends.
• You are a tenant and your deposit hasn't been returned.
• The owners' meeting has passed a resolution that harms you, or it was called irregularly.
• You are selling a property in Spain and don't live here, or you are buying from someone who doesn't.

How we handle your case

1. Free initial orientation. Ten minutes by phone to understand what you need and tell you whether it's worth pursuing.
2. Consultation. We review the contracts, the registry extract and the correspondence, and explain your options.
3. Proposal with a transparent quote, before we start and with no obligation to continue.
4. We handle it. We negotiate, draft and, if needed, represent you in court.

Deadlines worth knowing

• Taxes on a purchase. As a general rule, if you buy a second-hand home in the Community of Madrid, you have 30 working days from signing to file property transfer tax (Impuesto sobre Transmisiones Patrimoniales). Municipal capital gains tax, usually paid by the seller on a sale, has the same deadline (six months, extendable to one year, on an inheritance).
• Hidden defects. As a general rule, in a sale governed by the Civil Code (for example, between private individuals), the claim for hidden defects (vicios ocultos) lapses six months after handover.
• Residential leases. If the lease is agreed for less than five years (seven if the landlord is a company or other legal entity), as a general rule the tenant can extend it year by year until that minimum is reached.
• Tenancy deposit (fianza). One month's rent for a home and two months' rent for premises or other uses. If it isn't returned within a month of handing back the keys, it accrues interest at the statutory rate.
• Community resolutions. As a general rule, they can be challenged within three months, or within one year if they breach the law or the association's statutes; to do so, you must be up to date with your payments or deposit the amount owed with the court.
• Buying from a non-resident. As a general rule, the buyer must withhold 3% of the price and pay it to the tax office.

What to bring to your first consultation

• The land registry extract (nota simple) for the property (if you don't have it, we can request it).
• The deposit contract, the draft deed or your purchase deed.
• The lease, rent receipts and proof of the deposit.
• Burofaxes (certified letters), emails or messages exchanged with the other party.
• For community matters: the statutes, the notice and the minutes of the meeting.

Fees

A full consultation by phone or video call (45 minutes) costs from €50 + VAT (€100 + VAT on Saturdays), and an in-person meeting at the office on Calle Núñez de Balboa 120 (60 minutes, by appointment only) from €65 + VAT. If you then instruct us on the matter, the consultation fee is deducted.

If you would like a lawyer on hand all year round, there are monthly plans for individuals from €85/month + VAT. To get started, book a property consultation. On our property blog we explain deposit contracts, among other topics.

Frequently asked questions

What happens if I pull out after signing the deposit contract?

It depends on the type of deposit agreed. If it is a withdrawal deposit (arras penitenciales), a buyer who pulls out loses the deposit and a seller who pulls out pays back double. If it is a confirmatory or penalty deposit, neither party can simply walk away: the other party can insist on the contract being performed or, depending on the terms, terminate it and claim the agreed penalty or damages. That is why it pays to review the wording before you sign.

My tenant isn't paying. What can I do?

First, make a formal demand that leaves a record and try to reach an agreement, which, as a general rule, is a mandatory step before going to court. If that fails, we file a claim for eviction (desahucio) and rent arrears, which must state, among other things, whether the property is the occupant's main home and whether you are a large-scale landlord (gran tenedor).

Can you review a contract the estate agent has already prepared?

Yes, it's one of the most common things we do: we explain every clause of the deposit contract or lease and suggest changes before you sign.