10.31.09
BuyingProperty in Spain: a Description of the Legal Course of Action
So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete the purchase
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. Validate that the Spanish property you plan to purchase is free of restrictive clauses and debts.
There are two different categories in the Spanish legal processes for the purchase of property. The first legal document is the preliminary contract, known as Contrato privado de compraventa, and the second is the completion contract, known as 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. The purchaser must pay the debts of their property as part of their %LINK2% agreement. Nota Simple documents are designed to confirm whether or not a property contains any 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. At this point you will also be more than likely required to pay a deposit of between 5 percent 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 Escritura de compraventa stage, is the second or final contract stage. The purchaser will be required to pay the balance of the purchase price and all fees on the date of completion. 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. Also known in Spain as the escritura, the purchaser will received this deed which is usually in front of a Notary Public. In order for everything to be legal a copy of the deed will have to go through the tax office and property registry. 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. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.
