| Buying a property in Spain can appear to be a very
complicated process but in reality, is very similar to purchasing
property in any other country. The main difficulty is the language
barrier which can be easily overcome by using a professional company
offering multilingual services.
Purchasing Procedure: 1. Property search and finding a suitable home.
2. Examination of the vested title of the property
to confirm the ownership of the seller, as well as ascertaining
that the property is free from any debts, charges, embargos, mortgages
etc. Making enquiries about the annual running costs as well as
the property's situation on the current urbanistic development plans.
3. When both Buyer and Seller are in agreement about the purchasing
price and completion date, a private sales contract is prepared
where all terms and conditions of the sale are reflected. The Buyer
puts down a reservation deposit on the property (as a down payment).
Once the deposit has been received by the Seller, the property is
taken off the market. The official completion of the sale is towards
the end of the time period stated in the contract.
4. The Buyer opens a Spanish bank account at a local Spanish bank;
this account will also be necessary for setting up standing orders
for water, electricity, telephone bills etc.
5. The Buyer transfers the remaining balance of the property's
total purchasing price as well as monies for the additional purchasing
expenses (=ca. 9-10% of the property's price) into his own
Spanish bank account.
6. The sale is considered completed when the public deeds are signed
in front of a Spanish Notary, and the agreed remaining payment for
the property as well as for the additional expenses incurred by
the purchase have been made. Hereby the possession of the property
has been officially transferred to the Buyer.
7. The notary's office arranges the necessary steps for the property's
change of ownership at the land registry. 8. You've done it!! Lie back, relax and enjoy your dream house
in the sun! Things to look out for before signing
anything...
1. Ensure that there is sufficient proof of ownership. Make
enquiries that the seller is the actual and legal owner of the property
and is hence entitled to sell it. Proof of property ownership can
be ascertained by studying the current notary deeds (Escritura
Pública de Compra-Venta), the land registration details (Registro
de la Propiedad) or via a short information sheet from the land
registry (Nota Simple or Extracto de Registro de la Propiedad). 2. Before making any written or verbal
agreements, inform yourself about the property, particularly about
the following points:
a) potential debts, embargos or outstanding charges
b) Communal building plans (planos urbanisticos)
c) Existing tenancy agreements or occupancy contracts 3. Standard, pre-printed contracts are
often the easiest option as they are convenient and relatively straightforward
to use and fill out. However, pre-printed contracts are generally
strongly in favour of the contractual partner who designed these
forms initially. By preparing a private sales contract individually,
the buyer's specific concerns and individual needs can be addressed
directly and thoroughly outlined. Another advantage is that individually
designed contracts reflect to a greater extent the particular conditions
that are unique to each property purchase. In the interest of our
clients, we recommend and practise the use of an individually prepared
private sales contract over a pre-printed format. 4. Make sure, you get a written statement
from your contractual partner about issues that have been agreed
in relation to the property, even for seemingly trivial issues or
obvious matters. 5. Insist that the completion of the sale
takes place in fron of an accredited public notary (notario).
Here, the signing of the official title deeds (Escritura Pública
de Compra Venta) by all parties should take place and the subsequent
transfer of ownership, i.e. the inscription of you as the new legal
owner at the land registry. 6. When difficult issues, problems or
questions arise, always discuss these queries immediately with a
competent, professional legal consultant/solicitor. His fee is only
a fraction of the damage that could possibly have been calculated
into the deal by your contractual partner.
7. One final note about agencies: if you are not comfortable
with the one you are working with, or they are too "pushy",
don't hesitate to move on quickly to another. But when you find
one that you get along with, stay with your agency until they find
what you are looking for. Sticking with your agency motivates them
to pull out all stops and come up with the right property, and it
also saves you having to tell the same story as to your requirements
to every new agent you meet and seeing the same properties again.
|