Buying Spanish Property: the Legal Process Explained
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. You will want to make sure that the Spanish property you are purchasing is free of restrictive clauses and debts. Find a Solicitor that can thoroughly research the Spanish property that you are interested in purchasing as well as someone that can provide you with a Nota Simple, rather than simply relying upon an estate agency or a friend’s word for assistance. Make sure that the solicitor you choose is capable of checking the property’s registry, showing if the property is owned by the vendor or not, and whether or not there are any outstanding mortgages as well.
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 both parties have agreed to the price, then a preliminary private sales contract should be signed. 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. 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 are designed to confirm whether or not a property contains any outstanding 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. At this point you will also be more than likely required to pay a deposit of between 5 percent and 15 percent of the purchase price. These funds will be held for you in a bonded client account.
The second stage is the final contract stage, or the 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 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 copy of this deed will also be passed to the tax office and to the property registry as well to make everything legal. 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. 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.
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