PurchasingProperty in Spain: an Explanation of the Legal Procedure
Once youve chosen your ideal property and found a Spanish mortgage how do you go about completing the purchase?
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. 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. 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.
A preliminary individual sale bill should be signed after both sides agree to the cost. Before the Contrato privado de compraventa is signed, the vendor must show proof of ownership, and also proof that there are no liens or judgements against the property. In Spain, debts are attached to the property, so any mortgage that was outstanding would transfer to the buyer. Nota Simple determins which properties contain overdue 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. 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. It is possible though not advisable to sign the private preliminary sales contract without putting down a deposit.
The second stage is the final contract stage, or the Escritura de compraventa stage. On the completion date, the balance of the price of purchase and all fees need to be paid by the purchaser. 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. 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, Notary Publics are public officials required to witness a deed of sale, but you should also make sure to have your own independent expert legal advice to make sure that your own interests are protected during this legal process. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.

