Accomplishment As Artwork

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. Validate that the Spanish property you plan to purchase is free of restrictive clauses and debts.

The legal process for purchasing property located in Spain falls under two types of transactions. First you have the preliminary contract, or Contrato privado de compraventa, and then you have the completion contract, or Escritura de compraventa.

A preliminary individual sale bill should be signed after both sides agree to the cost. The vendor needs to be able to provide proof that he or she owns the property, and that it is free of any charges, Before this Contrato privado de compraventa will be 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 were developed to validate if a property has an outstanding debts.

The completion date, overall price, and property description will all be elaborated in the preliminary sales contract. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. This money shall be held in escrow for your benefit. It is possible though not advisable to sign the private preliminary sales contract without putting down a deposit.

Escritura de compraventa is otherwise known as the second or final contract stage. The purchaser will be required to pay the balance of the purchase price and all fees on the date of completion. Next, the seller and buyer meet and sign a contract, which is essentially a claim to the property. The purchaser will receive the public deed of conveyance, known in Spain as the escritura, in front of a Notary Public. In order for everything to be legal a copy of the deed will have to go through the tax office and property registry. If you are in Spain, a Notary Public will be required as a witness on you deed of sale. Don’t just rely in that, though. You will want to have your own lawyer to keep your best interests foremost throughout the proceeeding. Also keep in mind that as the purchaser you will be required to pay property sales taxes as well as the legal fees for the Notary Public.