Our law firm in Marbella is pleased to fully inform you about revoking a power of attorney in Spain, what to do when signing a deposit agreement in Spain and a brief explanation of the Urban Leasing Law.
How to revoke a Power of Attorney in Spain.
If you have given a Power of Attorney before to a notary in Spain for the proxy to act on your behalf by exercising the powers contained in the power of attorney, please note that you may revoke the power of attorney at any time.
Please note that once the transaction for which you have given power of attorney has been concluded, it is even advisable to grant a deed of revocation of that power of attorney in Spain.
This revocation deed can be signed before any notary in Spain, and the revocation will be notified by the notary to his representative whose power of attorney is revoked, so that he is aware of and cannot use the powers previously granted, included in the power of attorney now revoked.
I’m going to sign a deposit agreement in Spain.
We are talking about a private contract of sale of a property in Spain that is signed between the buyer and the seller, in which a notary is not involved. The intervention of a notary is necessary for the signing of the public deed of sale.
Before signing this private document, it is necessary to find out, by obtaining a simple note from the Land Registry where the property is located, who the owner of the property is and the status of any charges on the property, that is, whether it is encumbered with any charges, such as mortgage or seizure.
The contract must be signed by the seller or by the representative, duly empowered to do so by means of a power of attorney granted before a notary public. The contract must include the following:
- The description of the property to be purchased, its registration data and its cadastral reference.
- The purchase price and the method of payment. Likewise, the consequences of non-payment for the parties, the most common being the earnest money contract, whereby if the buyer does not comply with the terms of the contract he will lose the amount paid and if the seller does not comply, he will have to return the amount received in duplicate.
- The payment of expenses in the purchase-sale operation, such as notary, registration, agency and municipal capital gains.
I want to rent a property in Spain. Urban Leases Act.
The minimum term for the rental contract will be that agreed between the owner and the tenant but there is a minimum duration established in the Urban Rentals Law, unless the landlord does not wish to renew the contract.
If the contract is for less than five years, when the lessor is a natural person, the contract must be extended every year until it reaches a minimum duration of five years.
If the contract is for less than seven years, when the lessor is a legal entity, the contract must be extended every year until it reaches a minimum duration of seven years.
If the tenant does not want to renew the lease, he must tell the landlord thirty days before the end of the lease or any of its extensions.
In order for the annual extension not to be compulsory, in the case of a natural person, the first year must have elapsed and the landlord must have specifically included in the rental contract the need to live in the dwelling permanently before the end of five years from the date of the contract.