Legal Guide to Real Estate: Buying, Renting and More

The real estate sector involves some of the most important transactions in the lives of individuals and businesses. Whether acquiring a home, signing a rental contract, or facing legal procedures related to properties, having the right legal advice is essential to protect your interests. In this guide, we address the essential aspects of real estate law.

Legal Support in Home Purchasing

Buying a property is possibly the most important economic operation we carry out in our lives. Having a specialized lawyer from the beginning can avoid numerous problems:

• Real estate due diligence: Comprehensive verification of the legal status of the property, including charges, easements, urban planning situation, and possible issues.
• Review of the earnest money contract: Analysis of the clauses, guarantees, and conditions of the deposit delivered.
• Negotiation of conditions: Assistance in negotiating the most favorable terms for the purchase.
• Accompaniment to the notary: Supervision during the signing to ensure that everything conforms to what was agreed.
• Post-deed verification: Follow-up of the correct registration and tax settlement.

Mortgage Risks: Prevention and Management

Mortgage financing represents a long-term commitment with important legal implications:

1. Analysis of financial conditions: Evaluation of interest rates, commissions, term, and other relevant conditions.
2. Detection of abusive clauses: Identification and negotiation to eliminate floor clauses, disproportionate early maturity, excessive commissions, etc.
3. Advice on novations and subrogations: Study of alternatives to improve the conditions of the existing mortgage.
4. Strategies for payment difficulties: Options such as debt restructuring, deed in lieu of foreclosure, or refinancing in case of economic problems.
5. Claim of mortgage expenses: Recovery of expenses unduly charged by financial entities.

Eviction Procedures: Rights and Obligations

Eviction procedures are complex processes that require a thorough knowledge of the applicable legislation:

For Landlords

• Preliminary analysis: Detailed study of the case to determine the viability and the most efficient strategy.
• Prior requirements: Drafting of formal communications prior to the judicial route.
• Judicial procedure: Complete legal representation throughout the eviction process.
• Execution of judgment: Accompaniment in the process of effective recovery of the property.
• Claim of amounts: Management of the claim for unpaid rents and damages to the property.

For Tenants

• Verification of the legality of the procedure: Analysis of possible formal or material defects.
• Negotiation of agreements: Mediation to reach solutions that avoid eviction.
• Legal defense: Representation in the face of possible irregularities, abusive clauses, or socio-economic vulnerability.
• Extension request: Management of additional periods in cases of special vulnerability.
• Advice on social aid: Information on available resources for housing emergency situations.

Lease Contracts: Keys to Their Drafting

A well-drafted lease contract is the best guarantee to avoid future conflicts:

1. Duration and extension: Clear establishment of the initial term and renewal mechanisms.
2. Rent and updates: Determination of the price, payment periodicity, update system, and guarantees.
3. Expenses and supplies: Equitable distribution of community expenses, property tax, supplies, and maintenance.
4. Works and improvements: Regulation of allowed interventions and responsibility for them.
5. Causes for termination: Clear definition of the cases that allow early termination of the contract.

Horizontal Property and Homeowners Associations

Living in a horizontal property regime generates numerous legal issues:

• Statutes and internal regime rules: Drafting, modification, and interpretation.
• Homeowners' meetings: Advice on the validity of agreements, challenges, and appeals.
• Claim of unpaid fees: Procedures for the recovery of community debts.
• Disruptive activities: Legal action in situations that disturb cohabitation.
• Works on common elements: Legal requirements for their execution and distribution of responsibilities.

Real estate law is a complex legal specialty that requires a deep knowledge not only of specific legislation but also of related fiscal, administrative, and procedural aspects. Having specialized legal advice is essential to protect your interests and avoid costly future problems.