BuyingProperty in Spain: the Legal Course of Action Explained
So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete the purchase
It is in your best interest to hire an English-speaking lawyer to assist you in the process of purchasing regulated Spanish property. Validate that the Spanish property you plan to purchase is free of restrictive clauses and debts.
The legal process for buying a Spanish property falls into two different categories. First you have the preliminary contract, or Contrato privado de compraventa, and then you have the completion contract, or Escritura de compraventa.
Once both parties have agreed to the price, then a preliminary private sales contract should be signed. Before the Contrato privado de compraventa is signed, the vendor must show proof of ownership, and also proof that there are no liens or judgements against the property. In Spain, debts are attached to the property, so any mortgage that was outstanding would transfer to the buyer. Nota Simple determins which properties contain overdue debts.
Details to be included in the draft sales contract will include the date of closure, agreed upon purchase price and a detailed accounting of the property being purchased. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. These funds will be held for you in a bonded client account. You can sign the private preliminary sales contract and not put down a deposit but it is not advised.
The second stage is the final contract stage, or the Escritura de compraventa stage. The customer will need to pay all fees and the price of the product on the date of completion. The buyer and seller will meet to finalize the deal with a contract, which is the same as a deed on the property. Also known in Spain as the escritura, the purchaser will received this deed which is usually in front of a Notary Public. A photocopy of the deed will be provided to the tax official and property registrat to ensure everything is legitimate. In Spain, all deeds of sale must be witnessed by a Notary Public, which is a public official in that country. However, you need to have your own legal counsel to protect your own interests during the transaction. Also keep in mind that as the purchaser you will be required to pay property sales taxes as well as the legal fees for the Notary Public.
