Martin was delighted to be invited to speak at the DSBA’s Annual Conference in Madrid. The event was a great success bringing together over 150 solicitors from the Dublin area from a broad spectrum of legal practice. Martin’s address set out his experience as an Irish Solicitor taking the step of qualifying as a Spanish Abogado. He then made key observations in the differences between practising in Spain and Ireland. While he sought to keep the talk light hearted, those in attendance were remained engrossed by the often inconceivable experiences that Martin has clocked up during his time in Spain while assisting people from wide and varied number of countries with their affairs in Spain.

The event was of particular importance to Martin as prior to his move to Spain he was a junior council member of the DSBA. The high point of the conference was the Gala Dinner which was held at the Ritz Hotel in Madrid.

While clearly this event was most enjoyable, it also underlined a key function that Martin plays within SWAN Partners, namely to offer assistance to fellow solicitors in Ireland and the United Kingdom with their requirements in Spain. Martin routinely provides assistance to lawyers from many jurisdictions be it to enforce a court order here in Spain or for example to assist with a complex international probate, property or investment issue.

As Martin is a partner of SWAN Partners, he can assist lawyers outside Spain not only with their private client needs but can also provide excellent assistance to their corporate clients. For information as to the Spanish business legal services that SWAN Partners can provide please visit the SWAN Partners website

Martin’s contact details:

SWAN Partners

C/ Colón, 20, 6º-12ª
46004 Valencia (Spain)

Tel  (+34) 96 334 89 83

Dir.  (+34) 96 091 23 25

Mov (+34) 699 84 31 20

Skype martin.hayes_swanpartners

The British Embassy/British Consulate in Spain published its updated List of lawyers in Comunidad Valencia, Murcia and Albacete communities in April this year. This list is  just for the convenience of British Nationals who may require legal advice and assistance in Spain and is not a list of recommended lawyers. It follows that the Embassy does not assume or undertake any legal responsibility.

SWAN Partners is most pleased to be included in this list. As you will note the list sets out details of the partners of our firm including their respective registration numbers in the Law Society of Valencia. You can note Martin Hayes’s details therein.

The listing states that each of our lawyers and support staff are English speaking and have the following specialisations:

• Conveyancing
• Property law,
• Litigation, Family law,
• Wills and Probate,
• Civil and Criminal law.
• The list also states that our firm also provides tax planning advice and non-residence services.

As our firm’s main activity is business law, the list makes note that Swan Partners provides domestic and international business law services including:

• Corporate and Commercial law,
• Tax law,
• Employment law,
• Alternative Dispute Resolution,
• Business Consulting,
• Public Law (including Foreign investments in Spain, M&A transactions, Private Equity and Venture Capital investments, Real Estate, Transfer Pricing, International Trade, Internationalization, Urban Planning).

The listing notes that  we have experience of representing British nationals and that staff also speak French and Valencian. It states that we cover the Valencia Community (Valencia, Alicante, Castellón) and that although they do not have international offices we are members of the international network “Tax Planet” and also work closely with firms across the UK, Ireland and in several other jurisdictions.

To Access List – Please Click Here

“Do As You Would At Home” – the Corner Stone of Our Buying Process 

The phrase “Do as you would at home” is our maxim. A simple concept that can have profound consequences:- Would you do this in the same situation at home? Would you contemplate buying a property without a survey at home? Would you do so without legal advice? Our aim is to assist you to get the answers to the questions you would pose if you were at home.

Our process ensures that you buy your Spanish property with the same level of security as you would in your home.  We provide you with full transparency so that you can make fully informed decisions all the way through the process.

To do this, we seek to replicate, in so far, as possible the phases of a property transaction that you would expect at home.

There are three main phases to the transaction, each of which are equally important:

1) Reservation

It is all too easy to be caught up in the moment when you have finally found a Spanish property that ticks all of your boxes and seek to press on to close the deal as quickly as humanly possible. It is precisely at this moment that you should draw breath and make sure that the proper steps are taken to protect yourself and your investment.

We recommend that you consult us before signing a reservation so that we can ensure that the person selling you the property is entitled to sell the property to you and also to check that you are informed as to the basic nature of the property that you are being sold.

The reservation document should do “exactly what it says on the tin”: it should reserve the property in your name for a specific period of time thereby taking it off the market. It should not go beyond that – caution is advised to ensure that the reservation document does not limit your rights as a purchaser or straight jackets you into terms where you are forced into an unrealistic timescale or limits your lawyer’s ability to carry out the necessary checks and searches against the property.

We will ensure that we act as quickly as possible to ensure that taking the right steps does not unnecessarily protract this phase of the transaction. Getting the reservation process right will allow you to “begin as you mean to go on” and will set the basis for a well planned transaction.

2) The Private Contract

Once the reservation contract is signed we will hit the ground running to continue with our pre-contract enquiries on your behalf.

Pre-contract enquiries are absolutely essential in order to ensure that the property has the correct licensing and planning requirements. Theses checks will seek to uncover whether there are debts or charges affecting the property. Once the information comes to hand we will discuss this with you and seek your instructions as to how you wish to proceed.

I used Martin Hayes as my lawyer when purchasing my property. At the time, I was up to my eyes closing my business in readiness for my move to Spain. I was pleasantly suprised that Martin took the time to keep in touch with regular telephone calls, even though I was in the UK, to update me constantly as to how he was getting on with the town hall enquiries. As it turned out, the property had an issue that Martin worked hard to make sure was all ironed out before the completion. He explained all the Spanish legal jargin – so much so that I think I can now give classes on what a “cedula de habitabilidad” is to keep me busy during the winter months:). On a serious note, the benefits of having a no nonsense native English speaking Spanish lawyer cannot be underestated. I would highly recommend him”…..Andy

Typically, a reservation contract will allow two or three weeks before a private contract has to be signed. There are various types of private contracts but the most usual that you will hear about in Spain is referred to as an Arras contract. It is important to remember that a private contract, signed between two private parties, reflects the agreement reached between them – it can contain all manner of terms and conditions. It is therefore essential that careful attention is paid to ensuring that your rights as a purchaser are not unduly limited or that you are agreeing to something that you do not fully understand.

Our private contracts are drafting in both Spanish and in English. We know that, quite naturally, you may need to have detailed conversations regarding the contract. A face to face meeting may not always be possible as many of our clients are overseas. We use high quality voice over internet technology and Skype to provide you with virtual online meetings – In short we use technology to bridge the gap. Distance is not a problem for us in terms of keeping in touch.

If you are purchasing from a bank you will often find that they have a set proceedure that you must follow. We have years of experience dealing with bank owned property and can guide you through the process highlighting the points that you must be aware of in order to ensure that cut price does not necessarily result in cut purchaser rights.

3) Notary Signing

The run up to the closing can be a busy time for all concerned as we work to ensure that all the conditions in the private contract have been dealt with. Issues that come up range from legal, urban planning, financial, logistics to the purely practical. At each stage we are working closely with you to provide workable solutions. Once all is in place, we will seek your instructions to make an appointment for the escritura to be signed before a Spanish notary. Our role is cruicial at this point as we will ensure that what you have agreed with the vendor is properly reflected in the escritura. We will go to extra lenghts to ensure that you understand the provisions of the escritura and the nature of the exchange before you are requested to sign.

Following the signing of the escritura, we give the client the optional service of connection of utilities or providing them with a full non resident package.

As Martin is a partner of the law firm SWAN Partners, you can access a wide range of services to meet you needs in Spain or indeed your business needs in Spain.

NEED BUSINESS LEGAL ADVICE – Consult SWAN Partners website: www.swanpartners.es 

To Contact Martin Hayes:

SWAN Partners

C/ Colón, 20, 6º-12ª
46004 Valencia (Spain)

Tel  (+34) 96 334 89 83

Dir.  (+34) 96 091 23 25

Mov (+34) 699 84 31 20

Skype martin.hayes_swanpartners

I used Martin Hayes as my lawyer when purchasing my property in Valencia, Spain. At the time, I was up to my eyes selling my business in readiness for my move to Spain. In typical fashion for me, I found myself trying to purchase a place in Spain, sell my business and our family home in the UK all at the same time. It soon became aparent that I needed effective help in Valencia.  Having made some enquiries I came across Martin Hayes, an English speaking lawyer in Valencia.

I was pleasantly surprised that Martin took the time to keep in touch with regular telephone calls, even though I was in the UK, to update me constantly as to how he was getting on with the town hall enquiries.

As it turned out, the property had an issue that Martin worked hard to make sure was all ironed out before the completion. He explained all the Spanish legal jargon – so much so that I think I can now give classes on what a “cedula de habitabilidad” is to keep me busy during the winter months:).

On a serious note, the benefits of having a no nonsense native English speaking Spanish lawyer cannot be understated. I would highly recommend him”…..Andy

A personal Experience – Our Property Purchase in Alcoy, Alicante.

We greatly appreciate Martin Hayes, both on a professional level and as a person. He handled the purchase of our apartment in Alcoy, Alicante Province. We had bought off plan, but as the project was part of Alcoy’s urgently needed urban regeneration with local government guarantees, we felt reasonably secure that the work would actually be carried out.

Our direct vendor contact was very nice and, when the time came to pay for the apartment, she suggested that all we needed to do was get a bank draft for the sizeable balance to avoid unnecessary expenses.Martin, normally a mild mannered chap, opposed this vehemently and we thought he was being a little over-cautious. In the end we took his advice and arranged for the money to be paid through him. And were very glad we did.

The developer himself was a less affable type and when we pointed out that a sliding door we had specified had still not been put in, he became visibly angry and – even to us who did not speak much Spanish – was trying to wriggle out of this obligation by being – frankly – obnoxious. Martin masterfully took control of the situation and made the developer sign an agreement there and then to ensure that the door would be installed, with some of the money owed by us being held back until the work was done. Martin was a great support all through the three-year process, and – importantly, even though one does not speak of these things in polite company – fantastic value for money!

Carolyn and Paul

A Personal Experience

I’d like to tell you about my experience buying a property in Spain with Martin Hayes. Having travelled all over Spain for a number of holidays since 2006 (researching areas to live) we decided that our holidays and future retirement plans will be in Javea, Alicante.

In October 2013 I found the perfect house for our family and after some negotiation an offer was finally accepted. I took to the internet to find an independent lawyer. I found Martin through Google and we spoke about the property and my intentions. We agreed a fixed fee and pushed forward with the purchase.

There were a few bumps in the road, mainly due to paperwork and red tape, but at every stage of the process I was kept in the loop and had everything explained to me in my native language and very professionally.

Martin was very approachable and always found the time to speak to me or call me back if I needed to know anything, however small. I would not hesitate to recommend Martin to anyone requiring legal services in Spain.

The long of it – We greatly appreciate Martin Hayes, both on a professional level and as a person.
He handled the purchase of our apartment in Alcoy, Alicante Province. We had bought off plan, but as the project was part of Alcoy’s urgently needed urban regeneration with local government guarantees, we felt reasonably secure that the work would actually be carried out. Our direct vendor contact was very nice and, when the time came to pay for the apartment, she suggested that all we needed to do was get a bank draft for the sizeable balance to avoid unnecessary expenses. Martin, normally a mild mannered chap, opposed this vehemently and we thought he was being a little over-cautious. In the end we took his advice and arranged for the money to be paid through him. And were very glad we did. The developer himself was a less affable type and when we pointed out that a sliding door we had specified had still not been put in, he became visibly angry and – even to us who did not speak much Spanish – was trying to wriggle out of this obligation by being – frankly – obnoxious. Martin masterfully took control of the situation and made the developer sign an agreement there and then to ensure that the door would be installed, with some of the money owed by us being held back until the work was done. Martin was a great support all through the three-year process, and – importantly, even though one does not speak of these things in polite company – fantastic value for money!

The short of it – We greatly appreciate Martin Hayes, both on a professional level and as a person. He handled the purchase of our apartment in Alcoy, Alicante Province. We had bought off plan, and he stay with us every step of the way, providing great support over the three years right through to the final payment. This latter process involved confronting a less than affable developer who would have been impossible for us to deal with alone. All in all, we found – and still find – his services to be fantastic value for money. – Carolyn and Paul from the UK.

When I decided to purchase an apartment in Valencia, I hired Martin J. Hayes as my lawyer because, as a resident of non-EU country, I wanted to ensure that the transaction will be done in proper way. But, what he did for me was beyond my expectations. Regardless of the importance of my matter (surely, it was not a “big” case for him), Martin promptly returned every phone call and email, answering to my overwhelming inquiries with patience and full dedication.

During the purchasing process, contrary to Martin’s strong advise not to make a single step without consulting him, at one point I acted on my own and thereby put myself in an unenviable position. At the last moment I called Martin to inform him that I was just about to sign the pre-Contract, and in no time he appeared in the office of the real estate agent, handled the situation expertly and got the process back on track. This event clearly shows why Martin stands out from the hundreds of other available lawyers. In addition to his experience, professionalism, trustworthiness, incredible attention to every single detail, integrity and ability to draft the most precise legal documents that will protect your best interest, Martin genuinely cares for his clients. I wholeheartedly recommend his services – Marija