Contracts in Spain
Make sure your interests are well protected before signing a contract. Any legal document always creates rights and obligations, and it is of vital importance that you thoroughly understand all the nuances of what you are signing. Have an expert such as our English-speaking lawyers review it for you before you sign.
How will Klev&Vera assist you in signing your contracts in Spain?
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Klev&Vera, your Contract English speaking lawyers in Spain
Each contract is unique, that’s why our dedicated team will walk you through the whole process, starting by advising on the legal side of the agreement, and ending with you placing your signature on the dotted line, making sure your interests are protected and all legal procedures are completed under Spanish law.
Our law firm is made of English-speaking lawyers who have years of experience in premium assistance helping signing a wide variety of commercial and civil contracts in Spain.
A premium service for a stress-free process.
Get professional advice when signing a contract in Spain
We offer a comprehensive service that includes the following:
International Commerce Contracts
International Commerce Contracts
Real Estate Contracts
Real Estate Contracts
Freelancer and Employment Contracts
Freelancer and Employment Contracts
International Commerce Contracts
Signing a commercial contract is a binding, often long-term, legal agreement that can have serious hidden implications. Whether you have closed a commercial deal with your client from Spain, or have a supplier or a distribution agreement in Spain, it is important to review it with a legal practitioner before signing. You need to understand what obligations you get into, and what rights you have against the other party.
We will review the contract before you sign it to make sure you understand the content and that your interests are best protected. If we see any abuse or undermining of your position we will let you know, so you can negotiate it before signing.
We will do our best to make the process fast and stress-free for you.
Real Estate Contracts
International clients participate in thousands of property transactions in Spain on a daily basis. If you are buying or selling your property in Spain, you will have to sign several contracts: typically starting with a reservation or deposit, followed by a down payment (arras) and a notary deed (escritura). Alternatively, you may want to rent an apartment for yourself or your employees, or an office space or storage for your business.
It is of vital importance to review the conditions of every contract involved to make sure that you have a complete understanding of potential legal consequences and costs for you.
We will review the contract before you sign it to make sure you understand the content and that your interests are best protected. If we see any danger for you we will advise you to re-negotiate.
We will do our best to make the process fast and stress-free for you.
Freelancer and Employment Contracts
International mobility brings more and more foreign talent to Spain. Executives and highly-qualified professionals are working in numerous Spanish companies and multinationals with offices in Spain. Spain is known for its highly protective and regulated employment environment. Companies must understand well the differences and permitted ways of using employment versus freelance contracts.
Whether you are a foreign company with an office in Spain, or a foreign freelancer or employee looking to sign an employment contract in Spain, we can assist you with it.
We will review the contract before you sign it to make sure you understand your rights and obligations and that your interests are best protected, and you comply with Spanish employment laws.
We will do our best to make the process fast and stress-free for you.
What you need to know about Commercial Contracts in Spain
Signing a contract in Spain can be daunting, as a foreigner you may be used to the way of doing business in your home country, but Spain may have steps or ways you are not used to. Relying on the assistance of your English-speaking lawyer can prevent many inconveniences and extra costs in the future.
What legislation will apply to my contract?
In most cases Spanish law allows the liberty of parties, therefore you can choose the law of which country will rule your contract, and which courts or arbitration bodies you need to go to in case of any disputes or breaches.
Can I sign the contract online?
Yes, if the signature proves without a doubt that it was you who signed it.
Can I sign the contract in front of a notary public or a registered lawyer?
Yes, the parties can choose to sign it in front of a notary public or a solicitor/attorney, so an independent professional can certify the identity and signatures of the parties. In such cases it is a custom that the party who requested the public signature pays for its expenses, unless you reach an agreement to share the costs.
What do I do if the other party breaches the contract?
In case of a breach of contract you need to follow the procedure established in the contract. Normally a Spanish lawyer would send an official cease and desist letter, and if not attended, you can file a lawsuit or initiate an arbitration procedure as established by your contract.
What you need to know about Real Estate Contracts in Spain
Signing a contract in Spain can be daunting, as a foreigner you may be used to the way of doing business in your home country, but Spain may have steps or ways you are not used to. Relying on the assistance of your English-speaking lawyer can prevent many inconveniences and extra costs in the future.
What legislation will apply to my contract?
When the contract refers to real estate located in Spain, the general rule is that the law of the country and the region where the property is located will be applicable. In case of any disputes or breaches you will have to go to the Spanish courts. Some regions, e.g. Catalonia or Basque Country, have its own Civil Law, which will therefore be applicable for properties located in such regions.
Can I pay arras or rent in cash?
Law 11/2021 of 9 July on measures to prevent and combat tax fraud established that the maximum amount for cash payments shall be 1,000€, and in case of private individuals with tax residence outside Spain, 10,000 Euros. Therefore you can pay in cash only if the amounts you need to pay are lower.
Can I sign the arras contract online?
Yes, signing arras through one of the online platforms is perfectly valid, if the platform can validate your identity. Another option is to print the contract, sign it and return to the counterpart scanned with your signature.
What is a “traspaso” contract?
It is a contract that you sign when you want to take over an existing business. It typically includes a transfer of several contracts in your name, such as the office rent, supply and utility services, key employees or freelancers, client base, etc. It is a must to do proper due diligence of the business you acquire in advance, to make sure that you receive the assets and goodwill without hidden debts or obligations.
Is it necessary to sign the property purchase contract in front of a notary public?
Yes, the process of buying and selling a property in Spain is always finalised by signing the deeds in front of a notary. However, the reservation and down payment (arras) contracts are usually signed privately by the parties. Formalizing the final deed in front of a notary offers more security to the purchase and transfer of ownership.
What you need to know about Freelancers and Employment Contracts in Spain
Signing an employment or a freelancer contract in Spain can be daunting, as a foreigner you may be used to the way of doing business in your home country, but Spain may have steps or ways you are not used to. Relying on the assistance of your English-speaking lawyer can prevent many inconveniences and extra costs in the future.
What is the difference between providing freelance services and being employed?
Sometimes it is difficult to draw a line. Remote employment can have many similarities with freelance work. The main difference is the level of autonomy and independence in decision making: an employee must always follow the timetable, guidelines and procedures of his/her employer, whereas a freelancer can organise his/her time and workload as fits best. Employees have the right to paid holidays and leave, but the freelancer is paid by the job provided.
What are the costs of having an employee in Spain?
You could typically expect that an employee contract will cost your company about 30-40 per cent of the salary. It includes Social Security contributions from the employer, tax withholdings, payroll service, insurance for work risks prevention, etc.
What do I need to do if I want to provide freelance services in Spain?
Firstly, if you are not from any of the EU/EEA countries, you need to make sure that your type of residence permit allows you to work self-employed. If not, you need to modify your residence permit accordingly.
Secondly, if you want to work as a freelancer (autónomo) in Spain you need to register in the Spanish Tax Office and Social Security office.
You will also need a digital signature to interact with the Spanish authorities. We can assist you at every step.
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