Buy a property It is an important decision that makes it relevant to know the legal aspects that may or may not affect said moment. For this reason, the lawyer and partner of the Real Estate area of the Miranda & Amado studio, Claudia Lucena, offers some legal recommendations to remember before acquiring a property. living place.
First of all, Lucena recommends that -according to the degree of investment involved in the purchase of a property, since in most cases there is a great asymmetry in the information between the seller and the buyer- the buyers seek legal advice prior to the purchase.
“It is important to recognize the asymmetry in the information between the seller and the buyer, which can lead to the second not being able to foresee some important securities and guarantees when acquiring a future good”, he explains.
Although the intervention of financial entities, either to finance the project or grant a loan to the purchaser, implies a prior analysis of the project or of the asset that will be the subject of acquisition by her legal area, the lawyer also advises the purchaser to have the advice from a specialist.
LEGAL RECOMMENDATIONS TO CONSIDER
The recommendations it provides are as follows:
1. About him seller, confirm that you are the registered owner. In the case of natural persons, the marital status must be determined and in the case of married persons who do not have a registered separation of assets regime, and both spouses must participate in the contract. In the case of legal persons, it must be checked that the representative has sufficient powers to dispose of the property.
2. About him ok matter of purchase, confirm that the area and the construction correspond to what is being acquired. In the case of purchase of a future good (in plans) the verification is carried out later, so the plans and other documents that contain the characteristics that the future good will have must be reviewed.
3. You must also make sure that there are no charges or encumbrances, or that these will be lifted before or with the purchase.
4. The registry information must necessarily be complemented with a physical review of the property that allows determining its physical situation and possession. “It must be confirmed that the possessor is the registered owner who would be acting as a seller,” he adds.
5. in the case of real estate in buildings or condominiumsIt is also important to review the Internal Regulations and others approved by the Board of Owners. This will make it possible to know what the common areas and assets are, the percentage of participation that corresponds to the property that is acquired and the existence of restrictions (for example, regarding pets). Likewise, it will be known which are the common expenses and the percentage of participation in them that the acquirer will have to assume, he comments.
6. In the case of acquisition of future goods (in blueprints) the delivery dates They must be well stipulated, because it is what will determine, if applicable, the seller’s breach and the possibility of the purchaser to activate the penalties and guarantees that would have been provided for in the contract. “In this type of contract, the most recurring problem is usually in the delivery times and in that this is fulfilled according to what was agreed in the contract and complying with all the characteristics offered,” says the lawyer.
