The Cash Trio

Once youve chosen your ideal property and found a Spanish mortgage how do you go about completing the purchase?

In Spain, the process of purchasing Spanish property is regulated, and the best thing that you can do to protect your interests is to employ an English-speaking solicitor or lawyer to assist you. 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. First you have the preliminary contract, or Contrato privado de compraventa, and then you have the completion contract, or Escritura de compraventa.

Once the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. The vendor must provide proof that he or she owns the property free of any charges before this Contrato privado de compraventa has been signed. In Spain, debts are attached to the property, so any mortgage that was outstanding would transfer to the buyer. Nota Simple documents were developed to validate if a property has an outstanding debts.

The preliminary sales contract will be drawn up to contain all of the necessary details including the date of completion, the purchase price and the description of the property. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. This money is held for you in a secure customer account. It is possible though not advisable to sign the private preliminary sales contract without putting down a deposit.

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. The buyer and seller will meet to finalize the deal with a contract, which is the same as a deed on the 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. 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. Remember too that as the buyer you will be responsible for paying the Notary Public’s charges along with the real estate sales taxes.