Larraín Nesbitt Lawyers is a Marbella-based independent law firm specialized in property conveyancing, taxation, litigation, probate and succession. Expert native English-speaking lawyers and economists blend legal and practical advice providing tailored assistance on your matter. Our range of services cover the greater Marbella area, Sotogrande and Costa del Sol.


The firm focuses advising foreign investors on acquiring residential property in Spain both from a legal and fiscal point of view. Our no-nonsense approach to business coupled with our commitment to clients ensures easy-going transactions. We pride ourselves in putting our clients’ interests at the forefront of everything we do.


Larraín Nesbitt Lawyers, your legal partner in Spain.

Last Article:

Spanish contracts: Read & review service and contract-drafting

Raymundo Larraín Nesbitt, November, 7. 2022

Marbella-based Larraín Nesbitt Abogados (LNA) has over 19 years’ taxation & conveyancing experience at your service. We offer a wide range of over 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2022. Plagiarism will be criminally prosecuted

 

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8th of November 2022

When you buy, sell, or rent a property in Spain you will no doubt be shown a contract in Spanish chock-full of legal jargon. It is only normal you start growing nervous, even feeling a knot at the pit of your stomach. Our law firm offers you two legal services that remove all the stress and anxiety so you, and your family, can enjoy Spain at its fullest!

The best advice I can give you is to hire legal council before you sign on any contract. This is when costly mistakes can be avoided, by pre-empting them. Both landlords and tenants should instruct their own separate legal representation.

Larrain Nesbitt Abogados offers two competitively priced contract services:

1. Read & Review service

 

We offer this service nationwide. On buying/selling/renting out a property in Spain, it is advisable a lawyer is hired from the onstart to protect your interests. This legal service is thought for tenants, but landlords can also make use of it.  We strongly advise tenants to seek legal council prior to signing on the dotted line. Once signed, contracts are binding. Ignorance of Spanish laws will not protect you from performance.

  • Tenant, did you know that if you do not word correctly your tenancy agreement your landlord can pocket your full security deposit or charge you multiple months of security deposits?
  • Tenant, did you know that some devious landlords include clauses that make tenants responsible for previously broken kitchen and household appliances, forcing them to repair or replace them?
  • Tenant, did you know rental increases are now capped by law? Only this tip can save you several hundred euros every month in the context of soaring inflation.
  • Tenant, did you know that some landlords push ‘11-month’ rental contracts to circumvent your legal rights?
  • Tenant, did you know that the Spanish version of a contract always overrides that of any translation? It is not unusual for agreed terms to get ‘lost in translation’ in the Spanish version…
  • Tenant, did you know that in some cases it is the landlord that must pay – by law – the agent’s commission on finding you a rental accommodation? Only this tip saves my clients thousands of euros in undue commissions.
  • Tenant, did you know that in some type of contracts in Spain, if you pull out ahead of time, you are still legally liable to pay your landlord a full year’s rental? This tip not only saves you money but also from protracted litigation proceedings.

 

I can honestly say that clients who hire this service save more money than what we charge.

We review the following standard contracts within 24 working hours (as from payment received):

  • Lease agreement (rental contract), long-term or holiday rentals, seasonal contracts
  • Purchase contract
  • Sales contract
  • Option to buy contract (let-to-buy)

 

We offer the following service (T&Cs apply): Contracts (read & review)

Flat fee: €100 plus vat

2. Contract-drafting

 

We offer this service nationwide. Tenancy laws are traditionally biased towards tenants in Spain. Which is why we strongly advise landlords to instruct a lawyer to protect their interests. This is a service geared towards landlords, as they are the ones that will normally draft a rental agreement. Professionally drafted lease agreements avoid landlords many problems on the long run, saving them money and aggravation.

  • Landlord, did you know that under new rental laws a tenant can legally stay in your property for up to 8 years, or even 10 years? There are ways around this.
  • Landlord, did you know that you can legally override lenient tenant entitlements on choosing the right type of rental contract?
  • Landlord, did you know there are legal ways to recover the possession of your property ahead of what’s contractually agreed?
  • Landlord, are you aware there are several types of rental contracts available in Spain, that range from overprotective (read tenant-biased) to landlord-friendly ones?
  • Landlords, beware of internet rental templates that perpetuate themselves over time, they are a recipe for disaster as rental laws are frequently amended.

 

Lease agreements completed within 48 working hours in Spanish, English, or both languages:

  • Residential (long-term rentals).
  • Holiday lettings (short-term rentals).
  • Seasonal lets (short or long-term).
  • Commercial leases.

 

We offer the following service (T&Cs apply): Rentals (contract drafting)

Fee: starting from only €200 plus vat

Recent LNA testimonials on these two services:

Larrain Nesbitt Abogados provides an excellent service and I have been using them for several years for my Spanish property legal services. The turnaround time is extremely quick and the quality is excellent – I highly recommend, LJ London

LJ, London, United Kingdom. September 2021

We would like to thank you for your very prompt response and advice. It was very considered, concise and to the point, not what we were hoping to hear, but sometimes that’s the best advice. We were able to process accordingly and do the best by my parents without getting engaged in further unnecessary dispute and argument.”

Barbara & Niall McKenna, Republic of Ireland. December 2021

“Many thanks for your advice and adapting the agreement in right legal terms.”

DSB, England, United Kingdom. March 2022

Thank you for your exceptionally competent expert advice. I am so grateful.”

Marie Löfstedt, Sweden. April 2022

If you are looking for a legal expert, Raymond is your guy. As Expats, we were presented with a long term rental lease and asked Raymond to look it over. Do yourself the favor of having him look over your contract before you move in. It is a small price to pay for piece of mind and could save you lots of money in the long term. His advice prevented us from getting taking advantage of. I am so grateful we found Raymond and will definitely use him again in the future.”

Suzanne Cohen, United States of America. August 2022

Larraín Nesbitt Abogados, small on fees, BIG on service.

At Larrain Nesbitt Abogados we have over 19 years’ experience buying, selling, and renting properties. We are also specialized in taxation, immigration & residency visas. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.022 © Raymundo Larraín Nesbitt. All Rights Reserved.

Copyrighted © 2022. Plagiarism will be criminally prosecuted.

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Last Blog Entry:

Spain’s Taxation on Crypto Currency

Raymundo Larraín Nesbitt, November, 21. 2022

Marbella-based Larraín Nesbitt Lawyers has over 19 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2022. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
21st of November 2022

Unbeknownst to most people, Spain has passed legislation on the matter of taxation on Crypto Currency. Spanish resident taxpayers have a legal obligation to declare their purchase and sell

As any economist worth his salt will tell you, the success behind any profitable portfolio is a healthy diversification: real estate, bonds, commodities, shares, and cryptos. Cryptos have become very popular over the last decade, not only as a means of payment, but also as a store of value as they are widely regarded as the future of trading. This success has prompted the appearance of hundreds of digital currencies, with even central banks taking a jab at it with an aim to control the market’s ebb and flow. Despite their resounding success, they have taken a beating lately, even denting the main front runners. The strongest will no doubt rebound in a new expansion phase.

Spanish tax residents are under a legal obligation to declare them. You should declare the purchase & sale in your IRPF tax return (personal income tax return).

If you hold over €50,000 abroad, you must include it in your annual 720 tax return. Annual variations in value in excess of €20,000 need to be reported.

As a general rule, if you hold over 2mn euros in cryptos (and/or other assets), you also need to include them in your Wealth Tax return.

Inheriting cryptos is also taxable. Because of devolved competencies on inheritance matters, this will change from one region to the next.

Capital gains (on selling) is taxed following a progressive sliding scale:

  • From €0 to €6,000 – 19%.
  • From €6,001 to €50.000 – 21%.
  • From €50.001 to €200,000 – 23%
  • Over €200,001 – 26%

 

Although cryptos have suffered greatly as of late, we view this as a healthy market correction that will purge all the exuberant excess, weeding out thousands of cryptos from the market on its wake, leaving only the survival of the fittest.

At Larrain Nesbitt Abogados we have over 19 years’ experience buying, selling, and renting properties. We are also specialized in taxation, immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.022 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Last Press Entry:

Read & Review service

Space Real Estate, November, 21. 2022

Providing real estate solutions since 1988, with Space Real Estate you can be assured that you are in good hands with offices on Costa del Sol, Costa Blanca, and Costa Calida. 
 
Finding a property is just part of the service, and when our work really begins – our constant client care is the hallmark of our service.
 
As a property developer and real estate agency, our reputation and experience within the Spanish property market have helped us to not only meet but exceed our client’s expectations. 
 
Our ability to seek and exploit opportunities within the property market enables us to provide exceptional properties for satisfying all budgets. 
 
Space Real Estate kindly published our article on their website: Spanish contracts: Read & review service and contract-drafting
 
Original article published in our web: Spanish contracts: Read & review service and contract-drafting – 8th November 2022
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