An investor that wishes to acquire any property in Spain should fully understand the local real estate market and have access to the professional advice of local lawyers. Our firm may help you in going over the whole complex process of real estate acquisition and avoid any potential problem with your investment.
The investment process may comprise the following steps:
1) The process will start when you communicate us your investment needs, including the following aspects:
1.1 Type of investment:
1.1.1 Real estate acquisition.
1.1.2 Construction projects.
1.1.3 “Buy to let”.
1.2 Purpose of the investment:
1.2.1 Personal needs.
1.2.2 Short-term investment.
1.2.3 Long-term investment.
1.3 Preferences over the geographical situation of the asset.
1.4 Available capital and external funding required.
1.5 Any additional services required.
1.5.1 Asset management.
1.5.2 Tax assistance.
1.5.3. Environmental or urban planning due diligence.
2) We shall provide you a number of different options that we consider match precisely your needs. Those options may be assets held by real estate companies and financial institutions with which we have collaboration agreements, or assets held by third parties and are publicly sold in the market. The investment may also be performed through the purchase of an existing real estate company.
2.1 This step of the process is what distinguishes us from other companies or institutions who are currently trying to attract foreign investments to the Spanish real estate industry: we do not hold any interest in any asset, and as result we are only interested in giving you information on assets that thoroughly fulfill your needs, not in selling you an asset at any price.
2.2 Visits to the selected assets may be arranged for you.
2.3 Our assistance may comprise a complete study on the urban planning status of the assets. Under the different urban planning laws and regulations, which tend to be of a very high complexity, a good assistance in this matter may make the difference between a successful investment and a nightmare. Depending on the nature of the investment, it may advisable at this moment to perform a due diligence of the assets in the urban planning and environmental areas prior to advancing through the investment process.
2.4 We may also provide assistance related to environmental regulations that may affect certain types of assets (such as industrial premises, country estates, hunting farms, etc.)
2.5 We shall assist you at this moment in the definition of the terms and conditions that should be incorporated to the agreement in the negotiations.
2.6 We shall also assist you in the assessment of the tax implications of the proposed operation.
3) The next step in the investment process should be to conduct the necessary negotiations with third parties to sign the agreements through which you will perform your investment: preliminary agreements, purchase agreements, option (call) agreements, land for buildings swaps, lease and lease-back agreements, construction agreements, agreements with architects, real estate management agreements, etc. An important part of these negotiations would be the negotiation with financial institution in case external funding is needed.
With respect to the purchase agreements, the following precisions may be made: Steps for the acquisition of real estate in Spain.
4) Once the negotiations have culminated and the agreements have been signed, we shall supervise the execution of the agreement, particularly in certain types of agreement such as those related to construction projects or to real estate management.
In parallel to this step, all necessary Government licenses and permits should be obtained in order to allow for this execution and to ensure a complete legal security to your investment. We may, of course, assist you in the required administrative process.
5) We may also assist you in the management of your assets, through actions such as the supervision of agreements with third parties for the maintenance of the asset, the negotiation and supervision of lease agreements, the domiciliation of your interests in our premises in order to receive any official notification related to your investments, or the management of tax issues related to the asset.
6) Lastly, our attorneys may also assist you in the sale of your asset.
Certamen Creditorum 