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Property law

Before buying a home, certification from a professional is a necessity.

We take care of integral management.

Buyer...

Whatever your stage in life, Gestoría G1 will accompany you and advise you every step of the way.

COMPLETE PROCESSING OF YOUR LOAN

We are certified financial advisors and have preferential agreements with financial identities, best interest rates and rapid attention in all procedures.

CATASTAL CERTIFICATE = 100% LEGAL ACCOMMODATION

Together with our architects, engineers and project managers, we check and investigate that your home is legal by issuing a corresponding certificate, avoiding demolition for building abuse or future sanctions. Trust our team.

PREPARATION OF THE NOTARIAL DEED

Before signing it is essential that you understand all the small print, your obligations and your rights. We advise you and translate all the necessary information. We answer all your questions.

REGISTRATION OF THE PROPERTY IN YOUR NAME

After the purchase or sale, we must expedite some important changes that cover your assets. We carry out all the necessary management, such as the liquidation of fees.

CHANGES IN ELECTRICITY, GAS, WATER, TELEPHONE, MOBILE PHONE, ALARM, INSURANCE SUPPLIES

On the same day of the sale completion, we expedite the change of ownership of basic services, electricity, water, and internet.

We also offer home insurance with the best price and coverage.

PREPARATION OF YOUR TAX OBLIGATIONS IF YOU ARE NOT A RESIDENT

As a non-resident, the seller must pay taxes on the appreciation of the land, In consideration of this, 3% must be withheld as a deposit, and for non-residents, the period is 30 days after the sale.

For greater ease, Gestoría G1, for your peace of mind, settles this witholding tax by resolving everything in just 48 hours.

Do not expose yourself to penalties or claims from third parties for failing to submit these taxes.

Seller...

Gestoría G1 certifies the transaction of your property.

Tax, capital gains, community of owners and suppliers.

DEEDS AND CERTIFICATION

We provide you with the draft of the notarial deed, with all its necessary elements for your peace of mind and meeting your needs.

We certify the calculations of your capital, tax and cadastral gains.

PURCHASE AND SALE CONTRACT

Purchase and sale contract:
The sale is a consensual, bilateral, onerous and typical contract by virtue of which one of the parties undertakes to give something in favour of the other in exchange for money.

Deposit Agreement (Preliminary Sale):
The deposit agreement, also known as an advance, is a private contract in which the parties undertake to reserve the purchase and sale of real estate or personal property, by paying a deposit as proof of intent to buy.

Purchase option:
The paradigmatic contract of our law whose legal status serves, from a pragmatic point of view, to explain the general doctrine of contracts, is that of sale, regulated by articles 1445 and following the Civil Code.

According to article 1445, with this contract one of the contracting parties undertakes to deliver a certain thing and the other party undertakes to pay a certain price for it, in money or in a sign that represents it.

After having alluded to the elements of the contract, the Code regulates its content, i.e. the set of rights and duties of the parties (seller and buyer), thus demonstrating that it is the synallagmatic contract par excellence, i.e. the one from which the obligations serve both parties in such a way that the obligation of one of them is the cause of the right of the other and vice versa.

Once these previous ideas have been established, we can already indicate that the purchase option contract is a preparatory contract for the full purchase contract that does not have positive regulation in our system, being a creation of jurisprudence.

Specifically, jurisprudence defines it as an agreement by virtue of which one party (grantor) grants another party (optor) the exclusive power to decide whether or not to enter into another main sales contract, which must be performed within a certain period of time and under certain conditions, and may also be accompanied by the payment of a premium by the optor.

At G1 our lawyers draw up all contracts in accordance with the law.

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MANAGEMENT OF THE TRANSFER OF THE COMMUNITY OF OWNERS

We will give the new owner all information about the statutes and regulatory costs under the local property law.

We will contact the community administrator on your behalf with the relevant mandate, and we can also represent you at meetings if you live overseas or cannot attend, or if you need a professional to look after your rights and obligations.

PREPARATION OF TAXES ON TRANSFERS AND DOCUMENTED LEGAL DEEDS

Property Transfer Tax for Housing:

As we have mentioned, the transfer tax affects transactions such as the purchase, sale, or rental of houses.

The taxpayer, that is, the person who is required to pay it, is the person who buys the use of the property: the buyer in the case of the purchase and sale of accommodation and the tenant in the case of rental.

Taxes on legal acts:
These are notarial documents: matrices, copies of deeds and notarial deeds, as well as notarial testimonies.

In this type of document, the tax base that is physically taxed is the value of the property purchased.

Commercial documents: these are documents that serve as a payment.
They can be bills of exchange, promissory notes, bonds, etc., as long as they do not exceed eighteen months for the payment of the amount.

In each of the types of payment, account must be taken of who is responsible for paying the tax, as well as the other characteristics of each formula, which must be taken into account for the taxation of the tax.

Administrative documents:
Relating to the rehabilitation and transfer of noble titles, as well as the preventive annotations that are made in the Public Registers.

The taxpayer obliged to submit the tax is the person who buys the property or right subject to the tax, including those who request notarial documents, or those in whose interest they are issued.

For all documents, the tax rate will be 0.5% on the first copies of deeds and notarial deeds, as well as on prior registrations in the Public Registers.

In the case of bills of exchange, the tax debt is paid through stamped bills, according to the scale established by the tax administration.

COMMON DIVISION, EXTINCTION OF CONDOMINIUMS

The extinction or dissolution of a condominium occurs when you want to put an end to a situation of co-ownership in a community of assets.

In practice, the termination of the condominium is required when a couple separates or divorces and one party transfers the ownership of the house to the other.

The action for the division of a common thing seeks to put an end to the state of indivisibility in which a property belonging to several members of the community is found.

Let’s see what the division of common property consists of:
When a property (floor, premises, land, property, etc.) belongs to more than one person in ownership, and one of them does not want to continue with that shared property, the so-called common property division action is available.

With this procedure, the Court is asked to extinguish that condominium, both by assigning to each of the owners (co-owners) a part of the property in full ownership both when the property is DIVISIBLE, and when the property is INDIVISIBLE by selling the property and distributing the proceeds between all owners on the basis of their participation.
It must be authenticated and registered in the land register.

Our team of lawyers will advise you at all times.
The management of G1 also deals with:
Donations, inheritances, inheritances, surviving partner pension (widow’s) and orphan’s pensions, requests for rights of way, and overcrowding.

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G1 Management is also in charge of the

Donations during life, inheritances, successions, widow’s and orphan’s pensions, rights of way claims, overcrowding.

“We are very pleased with the treatment and professionalism of Julio and his team!”

Google — manuel bozada ruiz

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ALCÚDIA

Avenida de la playa, 19D bajos
07400 Puerto de Alcúdia

+34 902 997 869
+34 971 597 220

PALMA

Pasaje Santa Catalina de Siena, nº 4, entresuelo 1º C, 07002 Palma de Mallorca

+34 902 997 869
+34 971 597 220

BARCELONA

Gremio de asesores fiscales
avenida de Roma, 80
08015 Barcelona

+34 902 997 869
+34 665 785 585

MADRID

Corredera alta
de san pablo 31 1º d
28004 Madrid

+34 902 997 869
+34 665 785 585

VIGO

Ag negocios
Calle de Colón, 20
36201 Vigo

+34 902 997 869
+34 665 785 585

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