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. Be certain there are no debts or restrictions on the property you plan to purchase.
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.
A preliminary individual sale bill should be signed after both sides agree to the cost. 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 tells about 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. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. A bonded client account is where the funds will be kept for you. It is possible though not advisable to sign the private preliminary sales contract without putting down a deposit.
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. 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. 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.
