The TecBlast Blog

Youve found the house and negotiated a price. Youve arranged your Spanish mortgages All there is to do now is complete the purchase. How?

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. Be certain there are no debts or restrictions on the property you plan to purchase.

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.

There should be a preliminary private sales contract signed once you have both agreed on a purchase price. 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. Debts are charged to the property themselves in Spain, and any outstanding mortgage amount would then be passed on to the purchaser. Nota Simple documents are designed to confirm whether or not a property contains any outstanding debts.

Details such as completion date, price and description will be written in the first sales contract. When you reach this point, you can expect to pay a deposit of 5-15%. This money is held for you in a secure customer 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. The buyer will be provided the public deed of conveyance, also referred to in Spain as the escritura, in the presence of a Notary Public. A copy of this deed will also be passed to the tax office and to the property registry as well to make everything legal. 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. 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.