Phase 1 · Reservation and private contract
We review the reservation contract or the private purchase contract before you sign. We identify unfair clauses (disproportionate penalties, unilateral spec changes, mis-allocated costs), delivery deadlines and tolerance periods, and verify that the developer has provided a bank guarantee or surety insurance securing your payments (Spanish Act 38/1999 AD 1, as amended by Act 20/2015).
We deliver a written report with traffic-light risk assessment and proposed contract amendments to negotiate with the developer.
Phase 2 · Registry and administrative checks
You verify ownership, encumbrances and insurance before paying a cent:
- Land Registry note (nota simple): ownership, mortgages, attachments.
- Building licence and new-build declaration.
- Decennial insurance contracted (LOE art. 19).
- Bank guarantee or insurance for payments on account (Act 20/2015).
- Urban classification of the plot.
- Companies Registry status of the developer and its solvency.
Phase 3 · Public deed before the notary
We attend the signing of the public deed, with or without your physical presence (power of attorney). We check:
- Match between the deed and the private agreement.
- Correct allocation of taxes (VAT, AJD stamp duty; municipal capital gains tax is never on the buyer).
- Decennial insurance and first-occupation licence on record.
- Encumbrances at the time of signing.
- Payment terms and milestone certifications.
Phase 4 · Handover, snagging and retention
We accompany the handover with a partner technician (architect or surveyor). Detailed snagging list, express reserves in the delivery deed and, where applicable, retention of 5-10% of the price until rectification.
Phase 5 · Registration and post-completion
Land Registry registration, utility connections, communication to the community of owners, Modelo 211 if non-resident withholding applies. And, for the next 10 years, assistance with any claim triggering the LOE warranty.
Frequently asked questions
Do I need a lawyer if the notary already reviews the deed?
Yes. The notary checks the formal legality of the document but does not defend your interests or review the prior private contract (where most problematic clauses sit). The lawyer acts before and after the notary.
Is this useful for off-plan?
Most useful there. Private contract review, guarantee verification and follow-up during construction are critical in off-plan purchases.
Do you have presence on Costa del Sol?
Yes. Online attention from Málaga and, where physical presence is required, coordination with bilingual notaries and local procuradores in Marbella, Estepona, Fuengirola, Sotogrande, etc.
Fees?
Fixed from the first meeting, depending on transaction value and complexity. We confirm in writing before starting.