PurchasingProperty in Spain: an Explanation of the Legal Process October 4, 2009
So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete the purchase
In Spain, the process of purchasing Spanish property is regulated, and the best thing that you can do to protect your interests is to employ an English-speaking solicitor or lawyer to assist you. Be certain there are no debts or restrictions on the property you plan to purchase.
There are two different categories in the Spanish legal processes for the purchase of property. The first legal document is the preliminary contract, known as Contrato privado de compraventa, and the second is the completion contract, known as Escritura de compraventa.
A preliminary individual sale bill should be signed after both sides agree to the cost. 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. Debts are charged to the property themselves in Spain, and any outstanding mortgage amount would then be passed on to the purchaser. Nota Simple documents were developed to validate if a property has an outstanding debts.
The completion date, overall price, and property description will all be elaborated in the preliminary sales contract. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. This money is held for you in a secure customer account. A person would theoretically be able to sign the initial sales contract without a deposit, but it isn’t necessarily a good idea.
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 vendor and the purchaser will then come together to sign the contract, which is equivalent to a deed on the property. In front of a Notary Public the buyer will receive the deed of conveyance which is known as escritura in Spain. 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. Remember too that as the buyer you will be responsible for paying the Notary Public’s charges along with the real estate sales taxes.