So you’ve found your dream holiday home, arranged your Spanish mortgage 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. Make sure that the Spanish property is free of restrictive clauses and debts.

The best thing to do, when researching your purchase, is to hire a lawyer to check the background of any Spanish property you are considering. They will also be able to check the Nota Simple, verifying the property is registered. Verify that the solicitor you choose has the capablity to check that the vendor is the true owner in the property’s registry as well as whether or not there are any outstanding mortgages .

There are two different categories in the Spanish legal processes for the purchase of property. 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. The purchaser must pay the debts of their property as part of their Spanish Mortgages agreement. Nota Simple documents are designed to confirm whether or not a property contains any outstanding 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. This money shall be held in escrow for your benefit. A person would theoretically be able to sign the initial sales contract without a deposit, but it isn’t necessarily a good idea.

The ultimate stage is the decond stage only as it will decide the future of the contract. It is also known as Escritura de compraventa stage. On the completion date, the balance of the price of purchase and all fees need to be paid by the purchaser. 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. In order for everything to be legal a copy of the deed will have to go through the tax office and property registry. If you are in Spain, a Notary Public will be required as a witness on you deed of sale. Don’t just rely in that, though. You will want to have your own lawyer to keep your best interests foremost throughout the proceeeding. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.

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Filed under: Real Estate

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