Buying Spanish Property: the Legal System Explained
Once youve chosen your ideal property and found a Spanish mortgage how do you go about completing 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.
The legal process for purchasing property located in Spain falls under two types of transactions. 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.
A preliminary individual sale bill should be signed after both sides agree to the cost. 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 determins which properties contain overdue debts.
The completion date, overall price, and property description will all be elaborated in the preliminary sales contract. 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. It is possible though not advisable to sign the private preliminary sales contract without putting down a deposit.
The second stage is the final contract stage, or the Escritura de compraventa stage. On the completion date, the balance of the price of purchase and all fees need to be paid by the purchaser. 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, 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. While buying any property do remember that property sales taxes and legal fees for the Notary Public is also to be paid by you only.
