BuyingProperty in Spain: an Explanation of the Legal Course of Action
So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete 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. You will want to make sure that the Spanish property you are purchasing is free of restrictive clauses and debts.
There are two different categories when it comes to the legal process of purchasing Spanish property. First you have the Contrato privado de compraventa, or the preliminary contract, and then you have the Escritura de compravents, or completion contract.
There should be a preliminary private sales contract signed once you have both agreed on a purchase price. 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 mortgage that was outstanding would transfer to the buyer. Nota Simple documents are designed to confirm whether or not a property contains any outstanding debts.
Details such as completion date, price and description will be written in the first sales contract. 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. 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. The vendor and the purchaser will then come together to sign the contract, which is equivalent to a deed on 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. In Spain, all deeds of sale must be witnessed by a Notary Public, which is a public official in that country. However, you need to have your own legal counsel to protect your own interests during the transaction. 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.
