We advise Spanish and foreign clients on all kinds of transactions involving real estate, whether principally or accessory, such as the acquisition or transfer of property (sale, purchase, exchange, donation, inheritance), enjoyment (lease, usufruct) or use it as security for other obligations (mortgage, prohibition to dispose), in addition to ensuring the details in the Land Registry correspond to reality.

We act on behalf of clients in the purchase and sale of properties on the Costa del Sol – both off-plan, new (acquired from a developer) and resale – as well as in leasing or rental contracts, purchase options, buying and selling land for construction (urban and building land), commercial premises and rural properties.

Our specialised services

Purchase and sale of property

Ownership of a property is acquired or transferred through purchase, sale, donation, exchange or inheritance, as well as other derivative transactions. We help clients with every stage of the legal procedures required to successfully complete transactions and ensure operations a correctly registered in the Land Registry.

Martos & Gross provides the following services, among others:

  • Drafting of the private contract and supervision of the public deed to be executed at the notary.
  • Verification of the urban planning legality of properties (land classification, qualification or uses permitted by urban planning, existence of disciplinary proceedings) and projected works.
  • Verification of the description, ownership and encumbrances in the Land Registry.
  • Information on the fiscal cost of the operation, with regard to Spain's national (Tax Agency) and municipal (City Council) taxation.
  • Verification of cadastral data (General Directorate of Cadastre).
  • Identification of possible discrepancies between the Land Registry, Cadastre and the physical reality.
  • Payment of taxes.
  • Registering operations in the Land Registry.

Property development and promotion

We advise Spanish and foreign investors at every step of the development and promotion of a real-estate business in Spain, particularly on the Costa del Sol, so that you can carry out projects successfully and in compliance with local legislation and regulations.

Martos & Gross provides the following services, among others:

  • Identification of the most suitable structure for investment, depending on the client's objectives.
  • Due diligence of assets to be acquired, to ensure investment takes place under agreed conditions, free from hidden charges and encumbrances, including all aspects of civil, commercial, administrative, fiscal and labour law.
  • Negotiation and drafting of contracts required to materialise investment (sale and purchase, purchase option, swap, execution of works, lease, etc.)
  • Advice on the taxation of real-estate projects, cost planning during investment stages, operation and future disinvestment.
  • Review of the urban planning situation, in planning, management and administrative phases.

Land Registry and mortgages

We advise clients on all matters related to the registration, modification or cancellation of the right of ownership of real estate and any other real rights that may affect you, such as mortgages, leases, purchase options, liens, as well as to protect the registrant's rights from external aggressions.

Martos & Gross provides the following services, among others:

  • Registration of a property in the name of the current owner, when purchased from a party other than that which appears as the owner in the Land Registry (resumption of interrupted successive tract).
  • Registration of a property in the Land Registry for the first time.
  • Changes to property descriptions in the Land Registry to adjust to the physical reality, by correcting errors in the surface area, boundaries, etc.
  • Creation and registration in the Land Registry of rights in rem, such as mortgage, seizure, prohibition of disposal, lease or option to purchase.
  • Cancellation of encumbrances, either because of expiry, because the guarantee has been fulfilled or by court order.
  • Defence of the "bona fide third party" who acquires a property from a party who appears in the Land Registry as the registered titleholder against third parties who claim to be the real titleholder.
  • Defence of the real titleholder against third parties who claim to have acquired from the registered titleholder without meeting the requirements of the "bona fide third party".
  • Defence of the holder of a registered or registrable right in the Land Registry against contradictory registrations admitted by the Registrar in breach of mortgage regulations, in particular, the principle of successive tract.
  • Defence of the right of a creditor with a charge registered in the Land Registry (mortgage, lien, etc.) so that registered rank is respected.
  • Declaration of a new construction and its registration in the Land Registry.
  • Horizontal division of a building and its registration in the Land Registry.