Buying Spanish Property: an Explanation of the Legal Procedure
7 10 2009 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 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.
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 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.
The Escritura de compraventa stage, is the second or final contract stage. On the completion date, the balance of the price of purchase and all fees need to be paid by the purchaser. Both the vendor and the buyer must sign the contract at the same time. This contract is equivalent to a deed on the purchased property. In front of a Notary Public the buyer will receive the deed of conveyance which is known as escritura in Spain. A photocopy of the deed will be provided to the tax official and property registrat to ensure everything is legitimate. 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. Remember too that as the buyer you will be responsible for paying the Notary Public’s charges along with the real estate sales taxes.
