So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete the purchase
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.
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. 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. 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 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. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. This money is held for you in a secure customer 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. On the completion date, the balance of the price of purchase and all fees need to be paid by the purchaser. The buyer and seller will meet to finalize the deal with a contract, which is the same as 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 photocopy of the deed will be provided to the tax official and property registrat 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. 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.