Gecko Towers
Update 09.04.24: An announcement has been made by the leader of the Socialist Government in Spain, that his government plans to amend or repeal the “Golden Visa” legislation. Currently no timetable for these changes has been suggested and there is opposition to any revision. That said, this discourse, that started in May 2023, may result in some material changes. We will endeavour to keep you up to date with these as we are made aware of them and their precise impact.
There’s one simple truth that all lawyers have in common, though some have a tendency to sometimes forget, but without clients we are nothing! What is really important in the practice of the law – in whichever country you work – one size very rarely fits all. In appreciating this it is clear that while all clients should expect and will receive the same level of diligence – that is a given – their demands often vary substantially.
Do you recognize yourself in one of the following types of Marbella property buying clients?
Ed Note: These are deliberately intended to be caricatures – though hopefully inoffensive. It is not an exhaustive list nor is it intended to be frivolous.
1. Mr or Ms Entrepreneur – You have successfully established in your home market an increasingly scalable tech solution that is growing exponentially. You crave some ‘us and family time’ to recharge your depleted batteries. You are increasingly wealthy but severely time poor. You have been recommended by a friend to a development on the Costa del Sol with amazing views, a health spa and you have had a brief “FaceTime’ visit. It ticks all your boxes and you are ready to progress.
You have a sophistication with money matters and have established early on your ability to borrow the funds for your property completion. You still need to fully understand the implications of your purchase in Spain, including the prudence of a Spanish will and perhaps a Golden Visa, but you are highly experienced at delegating to professional advisors. You are easily frustrated and just want to just get on with it!
2. Mr and Mrs Downsizer – You may have sold a family property in the UK to fund your dream home in the sun. Understandably, you have little experience of what is involved in buying a property in the Marbella region.
Fortunately, you are very tech savvy and have used the Internet to provide a plethora of information and an equal number of anecdotal horror stories. You have spoken to a variety of property sales agents and you like a property that you’ve been shown online. It ticks your boxes and is in your price range. It was built over thirty years ago.
You recognize that you need extensive explanations from a patient Abogado to enable you to fully understand the process of buying and settling in Spain. Additionally, you have read of issues concerning Marbella’s planning regime and you need to be sure your property is not going to be at risk. You are aware that your approach is meticulous but you need granular detail that is properly explained to you. You require the comfort of knowing that your material investment is sound and, to the extent it can be, is properly protected.
3. Mr and Mrs Chillaxed – You bought in Spain nearly twenty years ago and have loved every visit, You are now looking for a smaller property to suit your needs. Your children visit usually every summer as they are limited by the school holidays of an increasing number of your grandchildren.
There is little you don’t know about the process of applying for a DNI, settling an IBI bill or paying a DGT speeding fine. So while you are keenly involved in the legal process of buying your new home you are familiar with and have a good grasp of the system. And in Mr Chillaxed case he now speaks good Spanish while Mrs Chillaxed has, over the years, exponentially improved her golf handicap.
4. Mr, Mrs or Ms SporTVCeleb – You have an Agent/Manager, a Team Coach and a nutritionist and you crave some down time. You team/cast mates have been visiting a particular Urbanisation for years and you feel it’s time to buy you own piece of Marbella heaven. The money is all sorted and prior to paying your deposit a wise friend suggested that retaining a lawyer would be a good move.
With minimal fuss you appoint a preferred firm to assist you in your purchase and they liaise with your Agent/Manager’s office in respect of those less vital elements of your purchase. You are not disinterested but you are very much in demand. You ask a lot of questions and expect them to be clearly and comprehensively answered.
5. Mr and Mrs Smythson. Very sadly you recently lost one or more elderly parent. The Executor Sale of the former family home has progressed quickly as its based in a part of the UK where city dwellers, keen to escape its confines, are seeking a back garden big enough to exercise their dog, play some football and to establish a vegetable patch. Consistent with your long held dream that one day you would buy a property in the Marbella region you are now in a position to do just that. This is partially in preparation for slowing down, possibly consulting or semi-retiring within the next ten years. So the WiFi needs to be excellent.
You have teenage children who come with their own specific set of demands but your preferences are clear. You either buy an older property in an established neighborhood that requires renovation or, and this isn’t for the feint-hearted, a plot of land to build to your own exacting specifications. Both require detailed legal advice as you’d imagine. The road to realizing your ‘Whitewashed Hacienda’ is sometimes fraught. The experience, if looked at in retrospect, appeared easy but you thank goodness for the solidity of your legal adviser. He/she became an extensively relied upon crutch who saw you through many dramas that you alone couldn’t possibly have solved.
Whether you typically see yourself in one of the above types is unimportant but what is vital is that you need to know when to involve an independent lawyer who’s only interest is in looking after your best interest. It is easy to say and we’d appreciate the opportunity of being able to prove it.
Should you be interested in discussing the legal process involved in buying a property in the Marbella region, we would be delighted to assist you. Our team of bi-lingual, highly experienced and wholly independent team of Abogados are ready to help you.
Please call me, Mark FR Wilkins, during usual business hours on +34 600 343 917 or, if you prefer, please e-mail me at mark@roslegal.es
Please note that our posts are for general interest. They are no substitute for proper legal advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law.
Nothing contained in this article should be seen or taken as the writer or the publisher providing legal or financial advice.
© Mark FR Wilkins 2021 All rights reserved.