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Legal

Frequently Asked Questions

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Legal

Yes. Mojo’s in-house legal department offers fixed, transparent fees. Clients purchasing through Mojo Estates benefit from a 10% discount on legal fees.

The right structure depends on your residency, tax position, and investment goals. Options include personal ownership, a Spanish SL company, or non-resident ownership structures. Mojo’s legal and finance teams advise on the most appropriate approach.

Yes. Inheritance cases involving Spanish property require specialist legal handling, including succession documentation, tax calculations, and land registry updates. Mojo’s in-house legal department handles these cases.

It is not legally required but strongly recommended. A lawyer ensures contracts are correctly drafted, taxes are calculated accurately, and the transaction is protected on your behalf.

Non-resident sellers must arrange capital gains tax calculation, 3% withholding tax compliance, plusvalía municipal payment, and utility closures. Mojo’s legal and finance teams manage all of these steps.

Yes. Using a notarised power of attorney, a legal representative can sign all contracts and complete the purchase on your behalf. This is standard practice for international buyers.

Due diligence covers land registry verification, outstanding mortgage or debt checks, building licence compliance, community fee status, rental licensing, energy certificate requirements, and boundary accuracy against the catastro.

A reservation contract takes the property off the market and triggers legal due diligence, typically with a €6,000 deposit. The private purchase contract (contrato de arras) is the main binding agreement signed after due diligence, usually with a 10% deposit.

A power of attorney (escritura de poder notarial) authorises a legal representative to act on your behalf in Spain — signing contracts, completing purchases, or managing legal processes remotely.

While not legally mandatory, having a specialist Spanish property lawyer is strongly recommended. A lawyer carries out all due diligence, reviews contracts, and protects your interests at every stage of the transaction.