BuyingProperty in Spain: an Explanation 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?
It is in your best interest to hire an English-speaking lawyer to assist you in the process of purchasing regulated Spanish property. Validate that the Spanish property you plan to purchase is free of restrictive clauses and debts.
The legal process for buying a Spanish property falls into two different categories. 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. The vendor needs to be able to provide proof that he or she owns the property, and that it is free of any charges, Before this Contrato privado de compraventa will be signed. The purchaser must pay the debts of their property as part of their %LINK2% agreement. Nota Simple documents were developed to validate if a property has an outstanding debts.
Details such as completion date, price and description will be written in the first 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. These funds will be held for you in a bonded client account. 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. 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. In front of a Notary Public the buyer will receive the deed of conveyance which is known as escritura in Spain. To make this legal, a copy of the dded must get to a tax office, and then sent to a property registry. If you are in Spain, a Notary Public will be required as a witness on you deed of sale. Don’t just rely in that, though. You will want to have your own lawyer to keep your best interests foremost throughout the proceeeding. 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.
