Alternative Shopping Infos

So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete the purchase

Many foreign countries have different regulations regarding the buying and selling of property; this includes Spain where such transactions are regulated. As such hiring an English speaking lawyer would be advisable. Validate that the Spanish property you plan to purchase is free of restrictive clauses and debts.

The legal process for purchasing property located in Spain falls under two types of transactions. First you have the preliminary contract, or Contrato privado de compraventa, and then you have the completion contract, or Escritura de compraventa.

There should be a preliminary private sales contract signed once you have both agreed on a purchase price. The vendor must provide proof that he or she owns the property free of any charges before this Contrato privado de compraventa has been 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 were developed to validate if a property has an outstanding debts.

Details to be included in the draft sales contract will include the date of closure, agreed upon purchase price and a detailed accounting of the property being purchased. When you reach this point, you can expect to pay a deposit of 5-15%. A bonded client account is where the funds will be kept for you. You can sign the private preliminary sales contract and not put down a deposit but it is not advised.

The ultimate stage is the decond stage only as it will decide the future of the contract. It is also known as 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. In front of a Notary Public the buyer will receive the deed of conveyance which is known as escritura in Spain. 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. Remember too that as the buyer you will be responsible for paying the Notary Public’s charges along with the real estate sales taxes.