BuyingProperty in Spain: an Explanation of the Legal Course of Action
Once youve chosen your ideal property and found a Spanish mortgage how do you go about completing 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 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 the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. The vendor must provide proof that he or she owns the property free of any charges before this Contrato privado de compraventa has been signed. In Spain, debts are attached to the property, so any mortgage that was outstanding would transfer to the buyer. Nota Simple tells about 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. This money is held for you in a secure customer account. You can sign the private preliminary sales contract and not put down a deposit but it is not advised.
Escritura de compraventa is otherwise known as the second or final contract 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. Also known in Spain as the escritura, the purchaser will received this deed which is usually in front of a Notary Public. A copy of this deed will also be passed to the tax office and to the property registry as well to make everything legal. 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. While buying any property do remember that property sales taxes and legal fees for the Notary Public is also to be paid by you only.
