PurchasingProperty in Spain: an Explanation of the Legal Course of Action
So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete the purchase
Many foreign countries have different regulations regarding the buying and selling of property; this includes Spain where such transactions are regulated. As such hiring an English speaking lawyer would be advisable. Be certain there are no debts or restrictions on the property you plan to purchase.
There are two different categories when it comes to the legal process of purchasing Spanish 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.
There should be a preliminary private sales contract signed once you have both agreed on a purchase price. Before this Contrato privado de compraventa has been signed, however, the vendor needs to be able to provide proof that he or she owns the property, and that it is free of any charges. In Spain, debts are attached to the property, so any mortgage that was outstanding would transfer to the buyer. Nota Simple documents were developed to validate if a property has an outstanding debts.
Details such as completion date, price and description will be written in the first sales contract. A 5% to 15% deposit of the final purchase price will be required. A bonded client account is where the funds will be kept for you. 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. The purchaser will receive the public deed of conveyance, known in Spain as the escritura, 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.