Real estate, urban planning and construction

People often tend to underestimate the risks associated with buying a property and rely on the purchase contract provided by the real estate agency, the counterparty lawyer, or even a template found on the internet, believing that they will be protected in the event of a problem arising. In any real estate transaction, each party has conflicting interests that can lead to conflict.

For this reason, it is essential that the terms of the contract are carefully considered so that your interests are supported.

Each real estate transaction is unique and is conditioned by the property in question and the circumstances and interests of the parties.
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    The purchase of a flat, a plot of land, a house under construction or a rural property, presents different challenges that must be studied, such as the cancellation of charges, liens or easements, changes of use, debts in the community of owners, obtaining licenses, being supported in cases of eviction, hidden or constructive defects, the legalisation of works, obtaining concessions of costs,…

    The advice of a lawyer specialized in real estate law guarantees that you will minimise risks and provide you with peace of mind in the future. Depending on the circumstances, it will be more advantageous to sign one type of contract or another (right of option, purchase contract with a penitential deposit, penal, confirmatory, promise to purchase…). In addition, suspensive or resolutive conditions may be agreed or even the purchase price may be made conditional on the achievement of certain results.

    The drafting of a contract is the fundamental basis for guaranteeing the success of future claims and, to this end, a good contract anticipates and foresees situations that could lead to conflicts by addressing the legal and technical aspects required in each case, so that, in the face of these undesired circumstances, we are highly supported and protected.

    How we can help you?

    Puigserver abogados is an specialized law firm in Real Estate in Palma de Mallorca. We are glad to help you if you need legal advice in the following areas, among others:

    • Contract of sale with penitential, confirmatory and penal deposit agreement.
    • Option to purchase contract
    • Rental contract with option to buy
    • Contract of sale and purchase in the future
    • Contract of sale and purchase with deferred payment
    • Suspensive or resolutory condition
    • Cancellation of charges and encumbrances: mortgages, easements, trustee substitutions,
      resolutory condition…
    • Hidden defects and cases of eviction
    • Advice and defence in the event of breach of contract
    • Rental contracts (housing, commercial premises, seasonal rental, etc.).
    • Rental contracts for rural properties

    Buying and Selling a property in Balearic Islands

    At Puigserver Abogados we believe that it is essential to provide comprehensive advice when buying or selling a property, which is why we like to take care of everything from the moment he client shows interest in carrying out the transaction until it is fully registered in the Land Registry. And due to this, we carry out the following tasks:

    • Due diligence of the property.
    • Checking and correcting discrepancies between the land registry, cadastral data and physical
      reality.
    • Checking for any possible urban planning infringements at the town hall
    • Ensuring the cancellation of existing real estate mortgages, as well as the cancellation of any
      other encumbrances (usufructs, trustee substitutions, liens, etc.).
    • Preparation and negotiation of a private purchase contract.
    • Obtaining documentation associated with the purchase-sale
    • Deposit deed
    • Preparation of the notarial deed of sale and purchase
    • Contact with third parties: Authorities, architect, engineer, surveyor, agency, etc. if necessary.
    • Attendance at the signing of the deed of sale at the notary's office, and verbal translation of it.
    • Estimation and payment of costs and taxes associated with the sale and purchase.
    • Registration in the land registry

    In addition, we collaborate with other professionals if required:

    • Certificate of habitability
    • Energy Efficiency Certificate
    • Technical certifications for legalisation of works

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