Buying Spanish Property: a Description of the Legal Course of Action
Youve found the house and negotiated a price. Youve arranged your Spanish mortgages All there is to do now is complete the purchase. How?
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.
There are two different categories in the Spanish legal processes for the purchase of property. First you have the Contrato privado de compraventa, or the preliminary contract, and then you have the Escritura de compravents, or completion contract.
Once both parties have agreed to the price, then a preliminary private sales contract should be signed. 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 tells about outstanding debts.
Details such as completion date, price and description will be written in the first sales contract. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. These funds will be held for you in a bonded client account. You can sign the private preliminary sales contract and not put down a deposit but it is not advised.
The Escritura de compraventa stage, is the second or final contract stage. The customer will need to pay all fees and the price of the product on the date of completion. The vendor and the purchaser will then come together to sign the contract, which is equivalent to a deed on the property. The purchaser will receive the public deed of conveyance, known in Spain as the escritura, 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. Remember too that as the buyer you will be responsible for paying the Notary Public’s charges along with the real estate sales taxes.
