buying in spain
 

Legal Advice

Using a Spanish Lawyer

We strongly recommend that you use a lawyer with experience of buying Spanish property - preferably an English speaking Spanish Lawyer who is not representing the Vendor - this is something we can help with if you would like.

Our recommended lawyers will work with you every step of the way, representing you and you alone in the transaction. They will explain everything clearly and focus on protecting your interests at all times. In addition they can advise you regarding tax matters, your application for the NIE, the making of Spanish wills and so on. Take a look at the lawyer's website www.novalegal.es or call us on 020 8645 6655 and we will arrange for them to contact you and we can send you Novalegal’s price list, which includes the following services.

PROPERTY PURCHASE

  • Legal advice on the purchase
  • Preparation or revision of contracts
  • Accompaniment to the Notary and translation of the deed
  • Liquidation and payment of the Tax
  • Registration of the property into the Land Registry
  • NIE application
  • Change the name on the electricity and water contract, owner’s community, etc.

PROPERTY PURCHASE WITH POWER OF ATTORNEY

  • The same services described above

PROPERTY SALE

  • Legal advice on the sale
  • Preparation or revision of contracts
  • Accompaniment to the Notary and translation of the deed
  • Tax

PROPERTY SALE WITH POWER OF ATTORNEY

  • The same services described above

OTHER SERVICES

  • Wills (Preparation and accompaniment to the Notary)
  • Fiscal representation
  • Residencia application
  • Social security card
  • NIE
  • Business start up
  • Vehicle

When you come over to Spain to view property (link to viewing trip page) we would be delighted to arrange for you to meet the lawyers so that you can get to know each other and ask any questions you may have.

Novalegal

Whether you are looking for off plan, key ready or resale property (link to Property in Spain page) - the buying process in Spain is generally much easier than in the UK. The process differs slightly depending on whether you are buying a new or a resale property. Once you have actually found exactly the right property your lawyer will take you through every step of the actual buying process – below is a quick guide to those steps:

 

Step by step – Buying Off Plan

  1. To reserve a property, fix the price and have it taken of the market a non-refundable reservation deposit of €3000 - €6000 is paid to the vendor. Most vendors will not accept personal cheques so it’s important to have credit/debit cards or cash readily accessible.
  2. If you are using a mortgage then the survey will be arranged
  3. Within about 2 weeks from the deposit being paid your lawyer will review the private contracts, ‘Contrato privado de compraventa’ it will state the agreed price and what is to be included in the sale. You lawyer will conduct the property searches and confirm the terms for the next installment.
  4. 30 days later the next installment is made usually between 20 and 25% of the agreed property value
  5. After approximately 90 days another stage payment of between 10 and 25% of the agreed property value
  6. When the property is built the Completion Date can be arranged and the Notary Deed (Escritura) signed at the local Notary office.

Note: The process varies from one developer to another and there are often special deals or variable payment terms to look out for.

Step by step – Buying Key Ready & Resale property

  1. To reserve a property, fix the price and have it taken off the market a non-refundable reservation deposit of €3000 - €6000 is paid to the vendor. Most vendors will not accept personal cheques so it’s important to have credit/debit cards or cash readily accessible.
  2. If you are using a mortgage then the survey will be arranged
  3. Within about 2 weeks from the deposit being paid your lawyer will review the private contracts, ‘Contrato privado de compraventa’ it will state the agreed price and what is to be included in the sale. You lawyer will conduct the property searches and ensure that there are no outstanding debts attached to the property. This is confirmed in a document called a Nota Simple. An additional 10% deposit is generally paid at this stage.
  4. Your lawyer will have liaised with you regarding a suitable completion date. Completion takes place at the local Notary office where the title deeds will be signed and you pay the balance of the purchase price. The signed deed is lodged with the land registry. Your lawyer will then deal with the payment of IVA tax etc. …… and then the keys are yours!!!!!!

 

DISCLAIMER

Every care has been taken in compiling the contents of this web site. All of the information about the properties has been provided in good faith. Spanish Properties and more will not be held liable for any errors, omissions, misunderstandings or claims arising from the information on this site.

Spanish Properties and more Ltd is an Introducing Agent acting as an agent for the Vendor or Builder and will not take any responsibility for completing the contract with you the customer. The Vendor or Builder will sign the contract directly with you and anything related to the contract must be agreed between your lawyer, yourself and the Vendor or Builder. We do not accept any liability for discrepancies or errors in the contract or any other commercial or legal difficulties that may arise and any recourse that you may have will be against the Vendor or Builder.

The arrangement that Spanish Properties and more Ltd has with you the customer will be governed by and construed in accordance with English Law and the arrangement that you have with the Vendor or Builder may be governed by Spanish Law.

Spanish Properties and more Ltd do not accept any liability for any loss or damage that may be suffered by you the customer or by any third party in connection with the travel to be undertaken by you.

 

 
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