BuyingProperty in Spain: the Legal Course of Action Explained

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. 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. First you have the Contrato privado de compraventa, or the preliminary contract, and then you have the Escritura de compravents, or completion contract.

Once the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. Before the Contrato privado de compraventa is signed, the vendor must show proof of ownership, and also proof that there are no liens or judgements against the property. Debts are charged to the property themselves in Spain, and any outstanding mortgage amount would then be passed on to the purchaser. Nota Simple documents are designed to confirm whether or not a property contains any outstanding debts.

The preliminary sales contract will be drawn up to contain all of the necessary details including the date of completion, the purchase price and the description of the property. 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 shall be held in escrow for your benefit. A person would theoretically be able to sign the initial sales contract without a deposit, but it isn’t necessarily a good idea.

Escritura de compraventa is otherwise known as the second or final contract stage. On the completion date, the balance of the price of purchase and all fees need to be paid by the purchaser. Next, the seller and buyer meet and sign a contract, which is essentially a claim to 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. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.