The Alternative Remedies Guide

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. Be certain there are no debts or restrictions on the property you plan to purchase.

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. 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. It is Spanish law to charge all outstanding debts to the actual property, and any remaining debt would be the new owner’s responsibility. Nota Simple documents were developed to validate if a property has an 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. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. These funds will be held for you in a bonded client account. It is possible though not advisable to sign the private preliminary sales contract without putting down a deposit.

The second stage is the final contract stage, or the Escritura de compraventa stage. The purchaser will be required to pay the balance of the purchase price and all fees 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. 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.