MARTÍN & MAÑAS ABOGADOS

Avenida Jesús Santos Rein, 12, 1ºC – Edif. Don Marcelo 1º C – 29640 Fuengirola

Telf.: 95 246 80 68

 info@mym-abogados.com

Mon – Thu 9:30 – 18:30. Fri 10:00 – 14:00

OUR TEAM

We are a team of professionals with a wide experience as legal advisers and real estate finance and investment consultants.

The fact that we have been operating on the Costa del Sol since 1987, provide us with a deep and valuable knowledge of the local market. This allows us to offer our clients, both individual and corporate, the best and personally tailored advice in order to achieve all their objectives and desired result.

Our total dedication and emphasis on client service and benefit have enabled us to form long-term relationships with important companies as well as individual clients.

A substantial portion of our firm’s practice focuses on real estate services, litigation and dispute resolutions and corporate matters.

To ensure that we provide a complete service to our clients we work closely with colleagues specializing in specific areas of the law and other professionals from different disciplines i.e. architects, tax advisers and agents, all liaise with our office on a regular basis.

Partner:
IMS Independent Management Services

Carlos Martín Granados

Socio Fundador

Lourdes Mañas Sánchez

Socia Fundadora

Juan Martín Granados

Abogado

Eppu Antti Rantalainen

Abogado

OUR SERVICES

  • Civil law
  • Penal law
  • Commercial law
    – Corporate
    – Acquisition of companies
    – Contracts
  • Litigation and dispute resolution
    – Negotiation
    – Arbitration
    – Out of court settlements
    – Court Appearances
  • Family law
    – Divorce
    – Separations
    – Wills
  • Legal consultancy: As a law firm our areas of expertise focus on civil , including family law (separations, divorces, wills), penal and commercial law (corporate, acquisition of companies, contracts).
    – Attending meetings
    – Consultations in our office or in the client’s one
    – Consultations over the phone
    – Court assistance
  • Ligitation and dispute resolution: We are skilled in different techniques of dispute resolution  such as mediation , arbitration and litigation, or in making out of court settlement proposals in order to avoid court procedure, if we consider it better for our client. We also work together with clients in order to minimise future litigation risks.
    – Claims preparation and drafting
    – Replies
    – Court Appearances
  • Civil law
  • Penal law
  • Commercial law
    – Corporate
    – Acquisition of companies
    – Contracts
  • Litigation and dispute resolution
    – Negotiation
    – Arbitration
    – Out of court settlements
    – Court Appearances
  • Family law
    – Divorce
    – Separations
    – Wills
  • Legal consultancy: As a law firm our areas of expertise focus on civil , including family law (separations, divorces, wills), penal and commercial law (corporate, acquisition of companies, contracts).
    – Attending meetings
    – Consultations in our office or in the client’s one
    – Consultations over the phone
    – Court assistance
  • Ligitation and dispute resolution: We are skilled in different techniques of dispute resolution  such as mediation , arbitration and litigation, or in making out of court settlement proposals in order to avoid court procedure, if we consider it better for our client. We also work together with clients in order to minimise future litigation risks.
    – Claims preparation and drafting
    – Replies
    – Court Appearances

We operate in all areas of real estate finance and investment, development, purchase and sale, retail, construction, management and leasing, loan modifications, foreclosures and other creditors’ remedies.

We have a wide client base including both individuals and legal-entities such as property companies, partnerships, hoteliers, institutions and open and closed real estate funds. We help and advise them in their roles as investors, developers, landowners, tenants, borrowers, funders, lenders or private buyers or sellers.

PURCHASE OF A PLOT/ LAND

  • Advising and helping buyers to find the suitable plot or ground for their needs, or in the other hand sellers to find the right buyer for their property.
  • Enquire about qualification of the land, land use and existing town, environmental or urban plan.
  • Negotiation in representation of our client, before the local planning authorities.
  • Negotiation and structuring purchase, purchase option, “aportación” or exchange agreements for the acquisition and disposition of the land.
  • Drafting documents:
    a) mediation
    b) reservation
    c) private purchase contract
  • Arrangements to sign the deed of sale. We offer our clients and arrange for them with a notary of their city, the possibility of granting us a power of attorney so that we can act on their behalf for the signing of the Title deed, if they don’t want or cannot come only for that matter to Spain.
  • Inscription of the Title deed in the Property Registry and payment of taxes.

DEVELOPMENT OF THE PROJECT

  • If required we can put our clients in touch with the architect and /or constructor for the development and carrying out of their project.
  • Negotiation of development agreements, construction and suppliers contracts, and architect agreements for residential and commercial developers and property owners.
  • Counsel on compliance with environmental regulations.
  • Drafting documents for new construction and horizontal division.
  • Negotiation with local authorities to get the approval of the project and the building permission. (Assist with obtaining general and community plan, specific plan and zoning approvals for development projects).

REAL ESTATE FINANCING

  • Negotiation with banks to get loans and mortgages in the best conditions.
  • Enquiries and negotiation in order to get possible official subsidies or grants.
  • Finance by means of funds or other possible investors.
  • Co-investment agreements, joint venture financing of major real estate projects.

MARKETING OF THE PROJECT: SALES

  • Contracts with real estate agencies
  • Private purchase contracts for individual buyers (see purchase of a real estate)
  • Deed of sale and registration of title (see purchase of a real estate)

STAKEHOLDER

  • Deposit monies to be held by an independent third party in our client account.
  • As soon as the money is received in our client bank account, we send either a fax or e-mail confirming the transaction.
  • Until the final documentation is received from the vendor and everything is clear and done as agreed, no money will be released.

REAL ESTATE RENTING

MANAGEMENT OF RESORTS

  • Timeshare
  • Aparthotels
  • Urban projects

Due to our know-how in time-share, we have different Clubs among our clients. We act as a consulting for time-share for them. Taking also part in the management committee of the Club. Providing legal advice and attending judicial and extrajudicial procedures.

  • Legal advice
  • Legal structure
  • Fiduciary services
  • Management/Community
  • Stakeholder service

PURCHASE OF A REAL ESTATE

  • Checking that all matters in connection with the property are in order (a.o. licence to build, free of all charges, liens and mortgages)
  • Preparation of pre-sale agreements (private contract)
  • Arrangements to sign the deed of sale. We offer our clients and arrange for them with a notary of their city, the possibility of granting us a power of attorney so that we can act on their behalf for the sign of the Title deed, if they don’t want or cannot come only for that matter to Spain.
  • Registration of title and payment of taxes
  • Notification to the local Community Administrator and Town Hall of the change in ownership
  • Opening client bank accounts
  • Contracts for the supply of electricity, water, gas and telephone.
  • Contract of home insurance.

MANAGEMENT OF DEBITS, SERVICE BILLS AND OTHER CHARGES

We offer our clients to act as a post box for their mail in connection with service bills (rubbish, water, electricity, gas and telephone) and other charges like community and home insurance fees.

Follow up of their bank account, checking their deposits, direct debits and other possible charges and reporting them periodically about movements and situation of their bank account.

  • Incorporation
  • Counselling board of directors and special committees
  • Provision of Officers
  • Company Administration (corporate books, filing, contracts)
  • Banking
  • Book keeping
  • NIE number
  • Residency
  • Banking
  • Insurance
  • Mail box facilities
  • Management of debits, service bills and other charges
  • Local support and advice
  • Fiscal representation and Property, Income & Wealth Tax declaration
  • Stakeholder service
  • Contract with private tenants
  • Contract with agencies
  • Contract with building complex
  • Legal Advice
  • Fiduciary services
  • Management /Community
  • Stakeholder service

In Spain each person is assigned a tax identification number that must appear on tax declarations and all communications addressed to the Tax Administration (NIF). For non-residents, the equivalent of the NIF is the  Foreigner’s Personal Identification Number (NIE). In certain occasions a Certificate of non-residence is also required.

We advice our clients to make a separate Spanish will disposing of their Spanish property in order to avoid time-consuming and expensive legal problems for heirs. Only when a foreigner has a Spanish will , his own national law can govern the disposal of any assets he has in Spain. If his own country’s law permits free disposal of the estate, this frees him from the Spanish law of “compulsory heirs”.

By law a non-resident owner of more than two Spanish properties (for example apartment, garage and storage) must appoint a fiscal representative. Law does not oblige those who own only one, but they are advised to do so. The fiscal representative will act as the official locator between the Spanish administrative authorities and the non-resident property owner.

Our services include:

Act as legal representative of our clients.

Keep them apprised of any important changes in legal or fiscal matters in Spain, which could have an effect on their property.

File the annual Property, Income and Wealth Tax returns.

File the quarterly Property, Income and Wealth Tax returns in those cases that demand it.

Check that all taxes are paid in time, including the annual Real Estate Tax (Impuesto sobre Bienes Inmuebles, IBI).

CONTACT