LAZARRAGA & HINOJOSA

Real Estate Legal Advice for Domestic and Foreign Clients

Lazarraga & Hinojosa Abogados offers legal advice on the purchase and sale of real estate, as well as on real estate investments on the Costa del Sol, throughout the rest of Spain, and, if necessary, abroad. We operate both nationally and internationally, focusing our practice particularly on foreign and domestic clients engaged in real estate transactions in Spain.

At our firm, you will find attorneys specializing in real estate and construction law who will help you protect your rights regarding your properties, whether in sales transactions, permits, or any matter related to leases: nonpayment of rent, failure to maintain the property, unauthorized construction, subleases, etc.

Consulting Services for Buying and Selling Real Estate at Auctions

We help you locate and purchase properties at judicial or notarial auctions, conducting a preliminary review of the property’s encumbrances, debts, and registry details so that you can bid and purchase with complete legal certainty.

Intended for: Individuals and investors interested in purchasing through an auction.

Next step: Send us the property reference number and the link to the auction listing (BOE Auction Portal or notary-conducted auction) before submitting your bid, and we will provide you with a report detailing the risks we have identified.

Review and drafting of contracts

We draft and review your purchase and sale agreement, exchange agreement, or other real estate transactions, carefully reviewing each clause to protect your interests, whether you are the buyer or the seller.

Intended for: Real estate buyers and sellers.

Next step: If you already have a draft contract, please send it to us for review; if you need us to draft it from scratch, provide us with the basic details of the transaction (property, price, and parties), and we’ll prepare a contract tailored to your needs.

Deposit Agreement

We advise you—whether you are a buyer or a seller—on negotiating and drafting the earnest money agreement, clearly outlining the terms, deadlines, and consequences in the event of a breach by either party.

Intended for: Buyers and sellers in the phase leading up to the signing of the deed.

Next step: Send us the agreed-upon deposit amount and the deadline for the transaction, and we will draft a deposit clause that truly protects your money in the event of a breach.

Pre-acquisition legal due diligence

Before you sign anything, we review the property’s title, any financial encumbrances (mortgages, liens), and any outstanding debts associated with the home, so that you can make your purchase with complete financial and legal information.

Intended for: Buyers who want to verify the property's financial and legal status.

Next step: Please provide us with the property's registry extract or cadastral information, and we will confirm whether there are any hidden debts or encumbrances.

Verification of land registry and zoning records

We verify with the City Council and the Property Registry whether the property complies with current zoning regulations—permits, floor area, and any unreported structures—an aspect that is distinct from and complementary to the financial review described in the previous point.

Intended for: Buyers who want to ensure that the property complies with zoning regulations.

Next step: Send us the property's cadastral reference number, and we'll check—free of charge—whether it complies with current zoning regulations before you finalize the purchase.

Real estate investments

We help you choose the purchase structure (individual, corporation, non-resident) that offers you the lowest tax burden and the greatest legal protection, drawing on more than 30 years of experience working with domestic and international investors on the Costa del Sol and throughout the rest of Spain.

Intended for: Individual investors, both domestic and foreign.

Next step: Schedule an initial consultation to discuss your investment project with us, and we'll suggest the best approach for your situation.

Leases and Real Estate Dispute Resolution

We represent you in disputes arising from lease agreements—such as nonpayment of rent, failure to maintain the property, unauthorized renovations, or unauthorized subleasing—whether you are the landlord or the affected tenant.

Intended for: Landlords and tenants in dispute over a lease.

Next step: Submit the lease agreement and a detailed description of the breach as soon as you become aware of it: the sooner we act, the better your chances of success.

Advice for Foreign Buyers

We'll guide you, in your own language, through the entire process of buying a property in Spain: applicable tax laws, obtaining your NIE, and notary and registry procedures.

Intended for: Foreign buyers purchasing real estate in Spain.

Next step: Please write to us before traveling to Spain, letting us know your planned dates, and we will prepare all the necessary documentation to ensure your visit goes as smoothly as possible.

Recovery of Squatted Properties

If your home has been occupied without any legal basis, we act quickly by filing for eviction on the grounds of unlawful occupation (the legal proceeding to recover a property occupied without a lease or authorization) or, when appropriate, by bringing the necessary criminal charges against the occupants.

Intended for: Property owners whose property has been illegally occupied.

Next step: Call us immediately and provide the deed or title: in these cases, time is of the essence.

Claims Against Real Estate Developers and Construction Companies

We represent you in dealings with developers, construction companies, and other parties involved when your rights as a buyer of a new home have been violated due to construction defects, delays in delivery, or breaches of contract.

Intended for: Buyers of new homes affected by breaches of contract.

Next step: Please attach your sales contract and, if available, any reports or photographs of the defects found, and we will explain your options for filing a claim.

We can also help you reclaim your property if it is being occupied by someone without any legal right to do so, by filing for eviction on the grounds of unlawful occupation or even pursuing criminal charges against the occupants, until they are evicted as soon as possible. To help you avoid problems when purchasing real estate, we provide guidance on every legal aspect of the process, with the aim of preventing future disputes and ensuring a smooth real estate transaction.

Lazarraga & Hinojosa Abogados effectively represents property buyers whose rights have been violated, taking action against the developer, the construction company, and other parties involved until the client is fully satisfied.

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