BuyingProperty in Spain: the Legal System 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. 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.
Once the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. Before this Contrato privado de compraventa has been signed, however, the vendor needs to be able to provide proof that he or she owns the property, and that it is free of any charges. It is Spanish law to charge all outstanding debts to the actual property, and any remaining debt would be the new owner’s responsibility. 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. A bonded client account is where the funds will be kept for you. You can sign the private preliminary sales contract and not put down a deposit but it is not advised.
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. Also known in Spain as the escritura, the purchaser will received this deed which is usually in front of a Notary Public. In order for everything to be legal a copy of the deed will have to go through the tax office and property registry. 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. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.
