BuyingProperty in Spain: a Description of the Legal System
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.
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. 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. 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 completion date, overall price, and property description will all be elaborated in the preliminary sales contract. When you reach this point, you can expect to pay a deposit of 5-15%. These funds will be held for you in a bonded client account. A person would theoretically be able to sign the initial sales contract without a deposit, but it isn’t necessarily a good idea.
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. 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. Remember too that as the buyer you will be responsible for paying the Notary Public’s charges along with the real estate sales taxes.
