October 31, 2008
Purchasing Spanish Property: an Explanation of the Legal Process
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. Make sure that the Spanish property is free of restrictive clauses and debts. The best thing to do, when researching your purchase, is to hire a lawyer to check the background of any Spanish property you are considering. They will also be able to check the Nota Simple, verifying the property is registered. Your chosen solicitor should be able to check the registry of the property, which will show if the property is owned by the vendor, as well as any outstanding mortgages.
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. 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. It is Spanish law to charge all outstanding debts to the actual property, and any remaining Spanish mortgage would be the new owner’s responsibility. Nota Simple documents were developed to validate if a property has an outstanding debts.
The completion date, overall price, and property description will all be elaborated in the preliminary sales contract. A 5% to 15% deposit of the final purchase price will be required. A bonded client account is where the funds will be kept for you. A person would theoretically be able to sign the initial sales contract without a deposit, but it isn’t necessarily a good idea.
The Escritura de compraventa stage, is the second or final contract stage. The customer will need to pay all fees and the price of the product on the date of completion. 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. 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. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.
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