Purchasing a property in Spain can be quite a daunting
task especially if you do not speak the language.
Below is a basic outline of the buying process. However,
we always advise you speak to your Spanish lawyer
aswell as the estate agents that you are dealing with.
It is important that you have a good idea of what
is required so that mistakes can be avoided.
Basic Buying Process:
Once you have agreed a price with the vendor of the
property and the agent both parties should then sign
a Contrato privado de compraventa, which is the initial
contract detailing the price and the time frame of
when the purchase will complete.
Before signing the contract ensure that your lawyer
or the agent obtains what is called a Nota Simple
which will provide proof that the seller owns the
property and that there are no outstanding tax bills
or debts. In Spain debts are charged to the property
and any outstanding mortgage will be passed on to
the buyer.
Normally 10% of the purchase price will then paid
and this is held by your lawyer or agent until the
time of completion. If you are raising funds for
the balance of the property purchase, ensure that
you ca obtain the amount before the completion date
detailed in the Contrato privado de compraventa.
As failure to complete the purchase on the specified
date can lead to the loss of your 10%.
When the time comes for you to complete on the
purchase you will be required to go to the local
Notary Office where the Notary (Public Official)
will witness the deed of sale. The balance of the
purchase price and all fees will be payable at this
point and the vendor & purchaser will sign the
Escritura de compraventa, which is the definitive
contract or the Title Deeds of the property.
Every house purchase in Spain can be different
so we strongly advise you seek professional advise
before you make any commitments in relation to the
purchase of a Spanish property.