Buying Property in Spain: The legal course of action explained.

You’ve found the house and negotiated a price. You’ve arranged your mortgage in Spain. All there is to do now is complete the purchase. How?

It is in your best interest to hire an English-speaking lawyer to assist you in the process of purchasing regulated Spanish property. 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. In selecting a solicitor, make sure he or she can properly check the property’s registry, as well as identify if the property is owned by the vendor or not, and if there are any outstanding mortgages as well.

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.

Once the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. The vendor needs to be able to provide proof that he or she owns the property, and that it is free of any charges, Before this Contrato privado de compraventa will be signed. In Spain, debts are attached to the property, so any Spanish Mortgages 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. When you reach this point, you can expect to pay a deposit of 5-15%. This money shall be held in escrow for your benefit. You can sign the private preliminary sales contract and not put down a deposit but it is not advised.

The Escritura de compraventa stage, is the second or final contract stage. The purchaser will be required to pay the balance of the purchase price and all fees on the date of completion. The buyer and seller will meet to finalize the deal with a contract, which is the same as a deed on 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. A photocopy of the deed will be provided to the tax official and property registrar to ensure everything is legitimate. 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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