The lawyers’ blog Before investing in a property or closing a major real estate transaction, carrying out due diligence is an essential step. Real estate due diligence is a process of exhaustive research and analysis that allows you to know all the legal, urban planning, technical and economic aspects of a property, thus guaranteeing the legal security of the transaction. The purpose of due diligence is to identify any possible risk or irregularity that could affect the value of the property or the viability of the transaction. This analysis allows the buyer to make informed decisions, negotiate better conditions or even abandon the purchase if significant problems are detected. In general terms, real estate due diligence includes several areas of review. First, the registration and ownership aspects are analyzed to verify that the seller of the property is its legitimate owner and that there are no hidden charges, liens, mortgages or embargoes. Then, compliance with urban regulations is reviewed, and it is verified that the property complies with current planning, that it has all the necessary licenses and that there are no ongoing disciplinary proceedings. Another fundamental part of the process is the technical evaluation of the property, where the state of conservation, possible structural defects and compliance with accessibility, safety and energy efficiency regulations are examined. In addition, in operations involving commercial premises or industrial buildings, it is common to also review compliance with specific regulations such as those for classified activities or the prevention of occupational risks. Actualitat this work must be carried out by professionals with experience in real estate law and technical knowledge in the field. In this sense, having a specialized firm like Actum Advocats, located in Girona, makes the difference between a safe purchase and a future legal problem. At Actum Advocats, we specialize in real estate law and accompany our clients throughout the due diligence process, carrying out a meticulous review of each document and each relevant aspect of the property. Our goal is to offer you the peace of mind of knowing that your investment is protected and that there will be no unpleasant surprises after signing. Furthermore, if during the due diligence we detect risks or incidents, our team of lawyers is responsible for advising you on the renegotiation of conditions or the adoption of the best strategies to defend your interests. Our experience in sales, rentals, urban development and asset management operations makes us a key ally in any real estate project in Girona and the Costa Brava. Remember that due diligence is not only advisable in large operations. Even when acquiring a private home or a second home, carrying out a prior review can save you many future problems. Peace of mind and legal certainty are priceless, and at Actum Advocats we work every day to protect them. If you are thinking of investing, selling or acquiring a property, do not hesitate to contact us. At Actum Advocats we offer you a personalized, agile and effective service, adapted to the specific needs of each client. The best defense of your assets begins with good legal advice. We are in Girona to accompany you every step of your real estate project. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).

The lawyers’ blog What not to do if you are stopped by the police: Legal advice from Actum Advocats Facing a police arrest can be a stressful and confusing experience. At this time, it is essential to know how to act to protect your rights and avoid making mistakes that could harm you legally. At Actum Advocats, your trusted law firm in Girona, we want to give you the keys to acting prudently and ensuring that your rights are respected at all times. 1. Don’t try to escape or resist One of the worst mistakes you can make is trying to escape or resist authority. This can escalate the situation and lead to additional charges, such as disobedience or resisting authority. Stay calm, follow the officers’ instructions, and avoid any sudden movements that could be misinterpreted. 2. Don’t argue or verbally confront It’s understandable to feel frustrated or nervous during an arrest, but arguing or verbally confronting the officers will not help you. Maintain a respectful attitude and avoid raising your voice or using offensive language. Remember that anything you say can be used against you. 3. Do not give unnecessary information You have the right to remain silent and not testify against yourself. You are not required to answer questions beyond identifying yourself (name, address, etc.). If the officers ask you about the incident they are investigating, you can politely respond: “I prefer not to answer without my lawyer present”. At Actum Advocats, we recommend that you exercise this right to avoid possible contradictions or statements that could harm you. 4. Do not consent to searches without a warrant The policeneed a court order to search your vehicle, home or belongings, except in exceptional cases (such as flagrante delicto). If officers ask you for consent to a search, you can politely refuse: “I do not consent to this search without a court order“. If they proceed with the search anyway, do not interfere, but make it clear that you do not consent. 5. Do not sign anything without consulting a lawyer In some situations, the police may ask you to sign documents, such as statements or minutes. Never sign anything without first consulting a lawyer. You could be admitting responsibility or accepting conditions that you do not fully understand. At Actum Advocats, we are available to advise you in these critical moments. 6. Do not refuse to identify yourself Although you have the right to remain silent, you are required to identify yourself if the police ask you to. Provide your name, address and any other basic information they ask for. Refusing to identify yourself may result in additional charges. 7. Do not rely on unprofessional advice In situations of detention, it is common to receive advice from friends or family that, although well-intentioned, may not be accurate. Always rely on the advice of a professional lawyer. At Actum Advocats, we have a team of criminal law experts who will guide you through every step of the process. In situations of detention, it is common to receive advice from friends or family that, although well-intentioned, may not be accurate. Always trust the advice of a professional lawyer. At Actum Advocats, we have a team of criminal law experts who will guide you through every step of the process. 8. Don’t ignore your rights It is essential to know your rights during an arrest: Right to be informed of the reasons for the arrest. Right to remain silent and not to testify against yourself. Right to a lawyer and to communicate with a family member or trusted person. Right to be treated with dignity and respect. If you believe that your rights have been violated, contact a lawyer immediately. At Actum Advocats, we specialize in defending fundamental rights and we can help you take the necessary legal measures. 9. Don’t wait to contact a lawyer The moment of arrest is crucial. The sooner you have the advice of a lawyer, the better you will be able to protect your rights and interests. At Actum Advocats, we offer an immediate attention service to assist you at any time of the day or night. 10. Do not underestimate the importance of specialized legal defense An arrest can have serious consequences, from fines to prison sentences. For this reason, it is essential to have a team of lawyers who are experts in criminal law to defend you and guide you at every stage of the process. At Actum Advocats, we combine experience, dedication and a personalized approach to offer you the best possible defense. In situations of detention, calmness and knowledge of your rights are your best allies. If you find yourself in this situation, do not hesitate to contact Actum Advocats. Our team is ready to offer you the advice and legal defense you need. Actum Advocats: Your defense, your peace of mind. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).

What Are Revolving Cards And Why They Can Be Abusive Revolving cards are a type of financial product that allows users to make purchases or have money on credit, returning the amounts in flexible monthly installments. What differentiates these cards from traditional credit cards is that the installments are usually small and, in many cases, only cover the interest generated, leaving the outstanding capital practically intact. This system can generate a debt that extends indefinitely, known as “revolving debt”. In principle, revolving cards seem an attractive solution to have money immediately without a significant impact on the monthly budget. However, many contain conditions that can be considered abusive, which has generated numerous legal claims in recent years. The main problem lies in the interest rates applied to these cards, which are usually extremely high, often exceeding 20% ​​APR (Annual Rate Equivalent). This type of interest is classified as usurious by the Law on the Suppression of Usury when it exceeds normal market limits. In 2020, the Supreme Court declared on several occasions that these interests can be considered abusive, which opens the door to the cancellation of the contract and the recovery of the amounts paid in excess. In addition, the lack of transparency is another factor that makes revolving cards a potentially harmful product for consumers. Many financial institutions do not clearly explain the conditions of the contract, the interest rates applied or the consequences of choosing very low monthly installments. As a result, users can end up trapped in a cycle of debt that grows over time instead of decreasing. Another critical aspect is the financial impact that these debts can have on consumers, who are often unaware of the real financial burden until the debt becomes unsustainable. This can lead to legal problems, such as lawsuits for non-payment, and serious psychological repercussions, such as financial stress. If you are the holder of a revolving card and suspect that it contains abusive clauses, it is important to seek legal advice. A specialized lawyer can help you analyze your contract, calculate the money you could recover, and claim against the financial institution. This type of claim not only protects your rights as a consumer, but also promotes greater transparency in the financial sector. Envieu la vostra consulta als nostres advocats Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).

The lawyers’ blog Buying a home in Spain is a dream for many. The climate, culture and quality of life are just some of the attractions that make this country an ideal destination for investing in a property. However, before making this decision it is essential to know the legal aspects that govern this transaction, especially if you are a foreigner. 1. Legal advice: The first and most important thing is to have a lawyer specialized in real estate law. A professional will guide you through the entire process, from searching for the property to signing the public deed.</ strong> The lawyer will be in charge of verifying the documentation, negotiating the terms of the sale and protecting your interests. 2. Type of property: In Spain, you can buy different types of property: New homes: These are those that have been built recently and are usually subject to VAT. Second-hand homes:These are those that have already been inhabited and are subject to the Property Transfer Tax (ITP). Single-storey homes: These are those that are under construction and are purchased before completion. 3. Required documentation: To complete the purchase, you will need the following documentation: NIF (Foreigner Identification Number): This is the equivalent of the DNI for foreigners. Valid passport: This is essential to prove your identity.Certificate of residence: If you live in Spain, you must present this document. Proof of funds: You must prove that you have the necessary funds for the purchase. purchase. 4. Purchase costs: In addition to the price of the property, you must take into account the following expenses: Taxes: VAT or ITP, depending on the type of property. Notary: The costs of the public deed. Property Registry: To register the property in your name. Agency: If you hire the services of an agency to carry out the procedures. 5. Mortgages: If you need financing, you can apply for a mortgage from a Spanish bank. The requirements and conditions vary depending on each bank, so it is advisable to compare different offers. 6. Ownership regime: It is important to know the ownership regime of the home. In Spain, there are two main systems: Exclusive ownership: The buyer acquires complete ownership of the property. Community ownership: The property is part of a building with common areas and the buyer acquires a share of the common property. 7. Rights of foreign buyers: Foreigners have the same rights as Spanish citizens when buying a home. However, it is important to be aware of any restrictions that may apply to certain areas or types of properties. 8. Leasing: If you wish to rent out the property, you must comply with the current regulations on urban leasing. 9. Income taxes: The purchase and sale of a property may generate tax obligations in the personal income tax (IRPF). 10. Succession: It is important to : Take into account the rules of succession in the event of death. A will can be a useful tool to ensure that the property passes to your heirs. In conclusion, buying a home in Spain is an important decision that requires careful planning. Having the advice of a specialized lawyer will allow you to know all your rights and obligations and avoid possible legal problems. Actum lawyers offers you a comprehensive service so that you can make your investment with complete peace of mind. Contact us and we will advise you throughout the process. Send your inquiry to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).

The lawyers’ blog Are you a foreigner and have income in Spain? Understanding and complying with tax obligations in a foreign country can be complex. A non-EU resident is anyone who has their tax residence in a country of the European Union, Iceland, Norway or Liechtenstein. In all other cases, the person will be a non-EU non-resident. The Non-Resident Income Tax is one of the main taxes that you should be aware of if you own property, invest or work in Spain. What is the Non-Resident Income Tax? The Non-Resident Income Tax (IRNR) taxes income obtained in Spanish territory by individuals or entities that do not have their tax residence in Spain. These incomes can come from various sources, such as: Real estate income: rents, capital gains from the sale of real estate. Income from personal capital: interest, dividends. Income from work: salaries, pensions. Who is required to file the IRNR declaration? Actualitat non-residents who have obtained income in the territory are required to file the IRNR declaration. Spanish during the fiscal year. What are the tax obligations of non-residents? The tax obligations of non-residents in Spain are varied and may change depending on the nature of the income obtained. In general, they include: Filing the IRNR declaration: Within the deadlines established by the Tax Agency.Payment of the corresponding tax: Within the established deadlines.Keeping the supporting documentation: During the limitation period. Why is good IRNR management important? Proper IRNR management will allow you to: Comply with your tax obligations: Avoiding penalties and surcharges.Optimize your tax burden: Taking advantage of the deductions and bonuses available.Have control over your tax situation: Facilitating long-term tax planning. Do you need help to avoid any scares or problems with the Tax Agency? At ActumAdvocats we are specialists in advising foreigners on tax matters. We offer you a comprehensive service that includes: Analysis of your tax situation: To determine your obligations and rights.Preparation and presentation of the IRNR declaration: Correctly and in compliance with all legal requirements.Representation before the Tax Authority: In case of any requirement or inspection. Don’t risk making mistakes that could lead to financial penalties. Trust in our experience and professionalism to manage your IRNR safely and efficiently. Send your inquiry to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).

The lawyers’ blog Police arrest: What to do and what not to do? A police arrest is a traumatic experience that can disorient anyone. Faced with this situation, it is essential to remain calm and know what your rights are. This article aims to provide you with a basic guide on what to do and what not to do if you are arrested, as well as to highlight the importance of having specialist legal advice. What happens during an arrest? When a person is arrested, the police are obliged to inform them of the reasons for the arrest and of their rights. These rights include: Right to remain silent: You are not obliged to answer any questions.Right to have a lawyer: You can request the presence of a lawyer at any time.Right to be informed of your rightss: The police must inform you of your rights clearly and concisely. Practical advice in case of arrest: Keep calm: Anxiety can cloud judgment and make it difficult to defend yourself.Don’t make spontaneous statements: Everything you say can be used against you in a trial.Get a lawyer right away: It is your right and can be key to protect their interests.Document everything: Note names, dates, places and any other relevant information.Cooperate, but do not confess: It is important to cooperate with the police, but without admitting guilt. The role of the lawyer A lawyer specializing in criminal law is your best ally in an arrest situation. The lawyer: He will advise you about your rights: He will inform you of the legal consequences of your situation and the options you have.He will represent you before the authorities: He will negotiate with the police and the prosecutor on your behalf.He will prepare his defense: He will analyze the evidence and develop an appropriate defense strategy. Why choose ActumAdvocats? At ActumAdvocats, we have a team of lawyers specialized in criminal law with extensive experience in the defense of arrested persons. We offer a comprehensive service that includes: Legal assistance 365 days a year. Comprehensive analysis of your case. Elaboration of a personalized defense strategy. Representation before any judicial instance. Accompaniment throughout the judicial process. conclusion Being arrested is a difficult experience, but having the advice of a good lawyer can make all the difference. At ActumAdvocats, we are committed to defending your rights and obtaining the best possible outcome for your case. Do not hesitate to contact us if you need legal assistance. Envieu la vostra consulta als nostres advocats Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).

The lawyers’ blog How to avoid arrears when renting your property in Girona Renting out a property can be an attractive source of passive income, but it also comes with risks, such as tenant defaults. If you find yourself in this situation, it is important to act quickly and decisively to minimize losses and regain possession of your property. At Actum Advocats, law firm specializing in real estate law in Girona, we have extensive experience in managing cases of default to urban leases. Through this article, we offer you a comprehensive guide to help you prevent and deal with arrears in the rental of your property. Prevention: essential measures to avoid delinquency The best way to avoid arrears is to take preventive measures from the beginning of the rental process. Here are some essential tips: Tenant Selection: Comprehensive study of the tenant’s profile: Request documentation that proves their financial solvency, such as payslips, employment contracts or income statements. Requirement of guarantees: It is advisable to request one or more guarantees that guarantee the payment of the rent in case of non-payment.Drafting a clear and precise rental agreement: The agreement should clearly specify the terms of the lease, including the monthly rent, payment terms, the obligations of both parties and the consequences of non-payment . During the lease: Timely tracking of payments: Set up a tracking system to ensure that the tenant meets payment obligations.Periodic inspections of the property: Perform periodic inspections to verify the condition of the home and detect possible damage or defects.Smooth communication with the tenant: Maintain smooth communication with the tenant to resolve any issues or incidents that may arise during the tenancy. Act against arrears: steps to follow If the tenant stops paying rent, it is important to act quickly and decisively to minimize losses and regain possession of your property. Here are the steps to follow: 1. Notification to the tenant: Send a reliable notice to the tenant demanding payment of the rent due and warning them of the consequences of non-payment.You can use a burofax or registered letter with acknowledgment of receipt to send the notification. 2. Negotiation: Try to reach an amicable agreement with the tenant to set up a payment plan or debt reduction.It is important to maintain a conciliatory but firm attitude to protect your rights. 3. Judicial claim: If negotiation is not possible or unsuccessful, a court proceeding for rent claim and eviction must be initiated.At Actum Advocats, avoid default when renting in Girona, we will accompany you throughout the judicial process, from the drafting of the claim to the execution of the eviction. Protect your interests with Actum Advocats At Actum Advocats, law firm with more than 10 years of experience in Girona, we offer a comprehensive service to help you to prevent and deal with arrears in the rental of your property. We offer you: Personalized advice: We will advise you on the best measures to prevent arrears and protect your interests. Drafting of rental contracts: We will draft a clear and precise rental contract that guarantees your rights as an owner. Collection management: We will take care of managing the collection of the income and initiate the necessary legal actions in case of default.Judicial procedures: We will accompany you throughout the judicial process of income claim and eviction. Don’t hesitate to contact us to request a free consultation and learn more about how we can help you protect your interests in the rental of your property. Actum Advocats: your ally for safe and effective rental management of your property in Girona Envieu la vostra consulta als nostres advocats Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).