Real estate law archivos - Jaume Perelló Abogados-Lawyers

Real Estate Law Specialist in Pollença and Alcúdia

admin — Tue, 17 Dec 2024 07:36:42 +0000

Real Estate Law Specialist in Pollença and Alcúdia: Trusted Legal Advice

If you’re looking for a local and reliable real estate lawyer in Pollença or Alcúdia, you’ve come to the right place. With extensive experience in real estate law in Mallorca, specially in Pollenca or Alcudia, I provide personalized and efficient legal services tailored to the needs of individuals, investors, and businesses seeking to buy, sell, or manage properties in these exceptional towns.

We are very familiar with the Alcudia and Pollenca city council as we have been working for a long time.

Pollença and Alcúdia: Two Real Estate Gems in Mallorca

Pollença and Alcúdia are two of the most sought-after locations for property investment in Mallorca. Their stunning landscapes, rich history, and high quality of life make them prime destinations for purchasing a home or establishing a business. However, the real estate market in these areas has its own complexities, requiring in-depth knowledge of local, regional, and national regulations.

My Legal Services in Real Estate

As a real estate law specialist, I offer a wide range of services to ensure the legal security of your transactions in Pollença and Alcúdia:

1. Property Purchases and Sales

• Drafting and reviewing purchase agreements.

• Conducting legal due diligence to verify liens, encumbrances, and registry status.

• Advising on taxes related to property transactions.

2. Rentals and Leases

• Drafting rental agreements.

• Resolving disputes between landlords and tenants.

3. Licenses and Urban Planning

• Advising on local urban planning regulations.

• Processing building and activity permits.

* Obtaining military permits.

* Check the urbanistic and legal condition of the property (e.g. out of order, urbanisitic infractions).

4. Dispute Resolution

• Mediation and representation in real estate disputes.

• Litigation related to property issues.

A Career Built on Excellence

Throughout my career, I have had the privilege of working with two of Spain’s top law firms specializing in real estate law: Roca Junyent and Garrigues. This experience has provided me with unmatched expertise in handling complex real estate transactions and disputes, ensuring that my clients receive the highest level of legal support.

Why Choose Me as Your Lawyer in Pollença and Alcúdia

• Local Expertise: I have an in-depth understanding of the real estate market in Pollença and Alcúdia, as well as the specific regulations affecting these areas.

• Comprehensive Advice: I provide end-to-end support, guiding you through every stage of your real estate transaction for total peace of mind.

• Personalized Service: Every client and case is unique, and my priority is to deliver tailor-made solutions.

Contact Me Today

If you need a lawyer specialized in real estate law in Pollença or Alcúdia, don’t hesitate to reach out. I’ll be happy to help you carry out your real estate projects with the highest level of legal security.

La entrada Real Estate Law Specialist in Pollença and Alcúdia se publicó primero en Jaume Perelló Abogados-Lawyers.

Differences between deposit contract and purchase option contract

admin — Wed, 18 May 2022 07:42:48 +0000

At the time of carrying out the purchase operation of a property, by its very nature, it is extremely important that there is security at the time of executing each procedure, that is why it is usual and advisable to sign a purchase option contract or a deposit contract, in order to guarantee the reservation of said property until the date of granting the public deed and avoid any unforeseen.

Because both contracts are similar, it is very interesting to be able to distinguish their differences well and thus, know in which situations it is more convenient to sign one type of contract and in other cases another.

DIFFERENCES:

Deposit contract:

The purpose of this contract is to deliver a amount of money in order to ensure the purchase of the property or granting the power to rescind it freely consenting to lose the amount delivered or pay a penalty.

There are three types of deposit contract:

Confirmatory Deposits:

It consists of the delivery of an amount of money as a sign of confirmation of the contract. Their main function is to serve as proof of the conclusion of the contract, and they involve the execution of the same. Similarly, it is expected that this amount delivered as deposit will be considered on account of the price, as a payment on account.

In this case, the fulfillment of the deposit contract by both parties is mandatory, and cannot be terminated unilaterally. Therefore, in case of non-compliance, the injured party may request the termination of the contract or claim its specific execution, in both cases with the right to compensation (Art. 1124 CC.).

Penitential Arras:

The existence of such deposits authorizes and empowers to legally dissociate either party from the fulfillment of a contract, however, if the withdrawal is made by the buyer, it will lose the deposit delivered to the seller, on the contrary, if the selling party is the one who desists, it must return the deposit in duplicate (Art. 1454 CC.)

Penalty arras:

They consist of a strict guarantee of the fulfillment of the contract, through the loss of the deposit delivered in this concept, or the return doubled by the one who has received them, depending on who has breached the obligation, equivalent to a penal clause.

The difference with the penitential arras is that they do not authorize the withdrawal of the contract, but are presented as a penalty attached to the breach, and as a means of assessing the damage produced, equivalent, depending on the case, to a future compensation of the damages.

Contract with option to purchase:

This contract consists of the owner granting a third party the right to buy a property, which can be considered in a pre-contract, as stated in the Judgment of the Supreme Court of April 23, 2010:

“The pre-option contract is one by which one of the parties attributes to the optant the right to decide to put into force a contract (normally, as in the present case, of sale) within a specific period. In this sense, it implies the granting by one party to the other of the exclusive power to decide whether or not to conclude the main contract of sale”.

Therefore, such a right that is granted to the potential buyer is the most important feature and that differentiates from the deposits, such a right can be transferred to third parties.

Another characteristic of this type of contract is that a period is established to be able to exercise this right, after that period, you lose your right to purchase. On the other hand, the seller can demand an amount as an “option premium”, which, if in the end such a right is not exercised within the stipulated period, will lose the premium paid and the contract will be canceled, so that the seller will again have full availability on the property.

La entrada Differences between deposit contract and purchase option contract se publicó primero en Jaume Perelló Abogados-Lawyers.

Military permit for the purchase of rural properties in the Balearic islands

admin — Tue, 29 Mar 2022 11:29:29 +0000

On 1 January 2021, the United Kingdom definitively left the European Union and its citizens became non-EU foreigners. This has meant that British nationals wishing to buy a property in the Balearic Islands and in some other regions of Spain must take into account aspects such as, for example, obtaining a military permit.

Both UK residents and all other non-EU foreigners, with the exception of citizens of Schengen countries, must have a military permit if they want to buy a property on rural land in a Spanish municipality that is located in the so-called “Zonas de acceso restringido para extranjeros” (areas of restricted access for foreigners).

However, it is important to note that the application for this permit will only be necessary when the foreign buyer wants to purchase a property on rural land, as the law does not apply in the case of buying a house, flat, villa or plot of land on urban land.

We assist you through all the process of buying or selling a property and we take care of obtaining the aformentioned permit in your behalf.

Jaume Perello Lawyer in Inca (Mallorca) specialist in real estate law.

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The necessary procedures and documents in the sale of a home

admin — Wed, 05 Jan 2022 09:57:16 +0000

In most cases, the sale of a property means the most important investment and expense that a family must face throughout their life. Therefore, buying a home should be a decision previously considered and carefully studied; and not only from an economic-financial, practical, or aesthetic point of view; it must also be assessed from a legal point of view.

As an expert lawyer in real estate law, I have observed how it is an unusual practice to hire the services of a lawyer to manage a sale; either as a buying party or as a selling party. On many occasions, it is necessary to go to the doctor to prevent illnesses, as well as to go to the lawyer to prevent potential problems or contingencies. Especially when it comes to one of the most important decisions of our existence that carries great responsibilities.

For this reason, we will deal with the sale of the house from a real estate-urban point of view; analyzing certain necessary elements or at least, valued prior to the decision to acquire, or not, a property. It is about giving an approximation or brushstroke, without prejudice to the particularities that may arise in each case (rustic or urban housing, new construction, second hand, etc).

Simple note

It is a fundamental document. In this regard, for less than 5 euros we can obtain a simple note issued by the Property Registry that will let us know that the person who claims to sell the property is really the owner, as well as observe what type of charges the property carries (for example, a mortgage or a usufruct). In case you have charges, in many cases it is necessary to cancel them.

Certificate of Habitability or First Occupation License

It is a document that certifies that a home, premises or residential building, meets the minimum conditions of measurement, hygiene and adequate facilities to house people. It is a mandatory document and the services of water supply, electricity, gas or any other energy or telecommunications product cannot be definitively contracted if the property does not have a valid habitability certificate or equivalent document.

End of work certificate

Probably if you have a certificate of occupancy, the property will have a certificate of completion. This document certifies that the property was built in accordance with the plans approved in the building permit approved by the city council.

This is not to say that it was not subsequently subjected to illegal reforms. This fact should be bought. It is important to mention that in the case of illegal works, the works should be legalized or demolished, in case it is impossible to legalize them according to current regulations. If there are illegal works, it will be almost impossible to obtain a building permit from the city council.

Certificate of no urban infringement

It is a document that certifies that a home or property does not have any file in the town hall for having committed some type of urban infraction. Fundamental since, otherwise, the new owner could become responsible for said infractions and could even be the case of demolition orders.

Debt-free certificate with the Treasury, the town hall and the community of owners

The seller can request such certificates. As a new owner, you could become a subsidiary or direct liable in case of acquiring the home with debts with the community of owners or the Treasury. Therefore, it is necessary to make sure that the property does not have any type of outstanding debt.

It is advisable to request the receipt of the IBI payment for the last 4 years (if there is a pending IBI, the new owner becomes liable).

Energy efficiency certificate

It contains the energy rating of the home, mandatory since 2013. It does not entail problems, since a competent technician must simply be hired for its issuance prior to the sale.

Statutes of the community of owners

Especially relevant in the event that it is intended to carry out some type of activity other than that of habitual residence, since the statutes of the neighborhood community could prohibit vacation rentals or other activities.

Finally, it is recommended to sign and enter in the different documents that are signed during the purchase or sale operation (purchase option contract, public deed of sale, etc.) the statements and guarantees that best defend our interests and expectations (such as that it is sold debt-free or that there is no illegality).

As can be seen, there are a series of procedures and documents necessary when buying a home. It is a demanding process which can be

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