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25 Mar 2007 12:00 AM by Dawn D Star rating in UK, La Mata and Cehe.... 5 posts Send private message

Hi, I am in the process of selling my apartment in the la Mata area of Torrevieja.  Can anyone recommend a good solicitor to ensure my interests are professionally done.  I have heard many horror stories and want to ensure this the process is completed correctly.  Thanks



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26 Mar 2007 1:52 AM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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Hi Dawn,

Welcome to EOS

I can't help you, sorry, we have only used UK based solicitors, however, I am sure someone on the forumwill give you a link to a good solicitor.

I wish you luck.........................anyone out there can help this lady please???????????????


_______________________

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One off fee to pay your own La Renta tax (210 Form)
Check out my website:

http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/

 




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26 Mar 2007 1:56 AM by JeansSis Star rating. 2376 posts Send private message

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This message was last edited by JeansSis on 5/17/2007.



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26 Mar 2007 4:58 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Dawn, welcome to our friendly forum!

I cannot help with recommendations for Costa Blanca, I'm afraid, but I'm curious what "interests" you want taken care of. Selling is a lot less trouble and stress than buying, and there are very few potential pitfalls that I can think of that you would need legal representation to help avoid. If you come out of the notary with a fat cheque, then job done! I really don't think you need a lawyer to make sure the cheque is made out to you for the correct amount. You need to make sure the sale contract states that all expenses (except Plus Valia) are paid by the buyer, but this is standard, and I would expect the notary to question it if it's any different. The Plus valia tax you can pay at your local Town Hall. It's easy, why pay someone else to do it for you?

I hope this may help a little. If you have any more specific worries, tell us, and we'll do our best to help.


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"Get your facts first, then you can distort them as you please"

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26 Mar 2007 5:07 PM by Elly May Star rating in La Zenia, Costa Blan.... 13 posts Send private message

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Dear Dawn D,

I can recommend Gómez Villares & Álvarez, ask for Kika Ribes - she is based in their office in Javea.  They are not cheap but very good, we used them last year when we purchased our property in La Zenia.  Their details are :-

GV&A ABOGADOS Javea
Avda. Jaime I nº5, 3ªplanta, Puerta 12 - 03730 Javea
Tel.: +34 965791705
Fax: +34 965794983
http:\\www.gva-abogados.com

Good luck.

Elly May.





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26 Mar 2007 5:18 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Quote: "They are not cheap but very good".

Think about it. Do you REALLY need to pay for a lawyer when SELLING? Just my opinion - anyone else's welcome.........


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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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26 Mar 2007 5:26 PM by JPD Star rating in Hull, East Yorkshire.... 391 posts Send private message

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Hi Dawn, we have just used Rodas Consulting inTorrevieja to buy a house in Playa Flamenca. They are not cheap but they are very good. They were recomended to us. They are very friendly and speak good English.(I know! We should be speaking Spanish...We do try...honest)

Regards John and Trish




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26 Mar 2007 6:16 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Another "They are not cheap but they are very good"! Seems to be a trend developing here. Also noticed that both recommendations were from BUYERS. Anyone want to back me up here?..............

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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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26 Mar 2007 10:35 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

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Yes mate I am with you if you are a seller - do you really need a laywer - then again the question arises for a non resident about reconciling taxes due if they have been retained the automatic 3% at Notary and they can prove no gain  - next some buggar will be on here asking us to sort it for them and I for one am not going to do that without an extortionate fee 

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27 Mar 2007 9:35 AM by JohnMurcia Star rating in Murcia. 3 posts Send private message

Hi there, I live in the North West of Murcia  which is now quickly becoming popular with expats, a lot of use used a law firm called sun-lawyers, they have an office here in and on the coast, Orihuela costa. He is bilingual and a property specialist lawyer.

Contact details are:
Jose María Lomax
mob, 618 407 661
tel, 968 746 813
www.sun-lawyers.com
info@sun-lawyers.com

Best of luck with your move.



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27 Mar 2007 6:30 PM by JeansSis Star rating. 2376 posts Send private message

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This message was last edited by JeansSis on 5/17/2007.




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27 Mar 2007 9:53 PM by Rose1 Star rating in El Pilar, Estepona. 78 posts Send private message

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This message was last edited by Rose1 on 6/16/2007.

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27 Mar 2007 10:50 PM by JeansSis Star rating. 2376 posts Send private message

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This message was last edited by JeansSis on 5/17/2007.



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27 Mar 2007 11:37 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

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Not really he's a bit of a b'stard as those that know him will attest - who said that?

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Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




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29 Mar 2007 9:46 PM by KevinGames Star rating. 17 posts Send private message

Hi, I was interested in reading the messages about selling.  I too, have sold (in the process of) my apartment.  My estate agent has told me I do not need a solicitor as I am not buying.  The purchaser's bank will handle everything.  Is this safe to do?  I will be visiting Spain whilst this process goes ahead.  What information do I need?  Or what questions do I need to ask?

Thanks in advance....!

Kev




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29 Mar 2007 11:36 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Well done for getting this thread back to topic, Kev!

Smiley and I were talking about this yesterday, and agreed (as we usually do!) that the only instance in which you may need representation when selling really is if you are non-resident (which presumably you are?) and need someone to take care of your capital gains tax liability. As a non-resident seller, the buyer will retain 3% of the (declared) purchase price, to be paid to the tax dept. in lieu of any CGT due. I think (I'm tired and can't remember exactly!) CGT is currently 18% of the gain, i.e. the difference between the price you sell at and the price you bought at. You may wish to employ a gestor to ensure that the correct tax is paid. I suppose you will need to get a copy of the provision of funds paid by the buyer at the notary, showing that they have included the 3% retention which will be paid to the tax dept. on your behalf.

Apart from the CGT, the only other responsibility you have (apart from banking your cheque!) is to pay the Plus Valia. There's really no need to pay someone to do this for you, since you will be here in Spain. Just go to your local Town Hall and ask where to go for Plus Valia payments. Take with you the Copia Simple which you will have been given after signing at the notary, your last rates (IBI) bill, some I.D. and plenty of patience. They will give you a bill which you can pay at the bank. Job done.

Before going to the notary, you will need to obtain a certificate from the rates dept. of the Town Hall, stating that there are no outstanding rates payments (probably need to request it a day or two beforehand - no charge). You will also need a certificate from the community, if your property is part of one, stating that there are no outstanding debts to the community. (There may be a charge for this, which is outrageous really, since you are being charged for proving that you are a good payer). You should also have copies of your last utility bills (paid!). With a bit of luck, your estate agent will arrange all of these for you anyway (that's what they get paid loads of money for).

If I've forgotten anything, Smiley (or someone else) will answer soon!

Good Luck with the sale.


_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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29 Mar 2007 11:49 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

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Hi Rob despite the fatigue think you about spot on - since Jan 1st CGT is now uniform at 18% for both residents and non alike - re the PV if it were me and I were the buyer I would want my lawyer to retain some of the finall sale proceeds to ensure that all bills including PV are paid up to date - if I was buying from a non res who then didnt take the copia simple and discharge the PV the tax will be recorded as a charge on the property

_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




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29 Mar 2007 11:54 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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......even though the compraventa clearly states that the seller is responsible for the PV?

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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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30 Mar 2007 12:09 AM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

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Yeah mate fraid so - can happen - worse still is that a new loan can be secured just prior to completion of the sale - if Notary not on the ball suddenly the charge on the new owner - nearly happened to a mate of mine few years back - controls are tightening but depends on the efficiency of the Civil Service - know what I mean

_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




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30 Mar 2007 12:14 AM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Place I just bought was from a non-resident, but I know the lawyer acting for them (in their absence) had already calculated the PV so presumably has also retained funds and intends to pay it. If I find out they haven't, I'll give you the address and you can go get your teeth into them for me.

_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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