BuyingProperty in Spain: the Legal Process Explained
Youve found the house and negotiated a price. Youve arranged your Spanish mortgages All there is to do now is complete the purchase. How?
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. Validate that the Spanish property you plan to purchase is free of restrictive clauses and debts.
There are two different categories in the Spanish legal processes for the purchase of property. First you have the Contrato privado de compraventa, or the preliminary contract, and then you have the Escritura de compravents, or completion contract.
Once the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. 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.
The preliminary sales contract will be drawn up to contain all of the necessary details including the date of completion, the purchase price and the description of the property. When you reach this point, you can expect to pay a deposit of 5-15%. These funds will be held for you in a bonded client 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 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. The customer will need to pay all fees and the price of the product on the date of completion. Next, the seller and buyer meet and sign a contract, which is essentially a claim to the property. The buyer will be provided the public deed of conveyance, also referred to in Spain as the escritura, in the presence of a Notary Public. To make this legal, a copy of the dded must get to a tax office, and then sent to a property registry. In Spain, Notary Publics are public officials required to witness a deed of sale, but you should also make sure to have your own independent expert legal advice to make sure that your own interests are protected during this legal process. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.
