THE PROCESS OF BUYING A PROPERTY IN SPAIN
Negotiations
Once we have find the right property, we will start negotiating on your behalf. New developments and some vendors are not open for negotiating but our aim is to do all possible to achieve the best possible deal.
Now it is time to obtain the N.I.E. the ID number for foreigners in Spain. It will be your official Identification Number in Spain. Also you will need to have a Spanish Bank Account.
Reservation contract
When the offer is accepted, the reservation contract will be signed to take the property off the market. Typically, the reservation contract would set out the basic terms and conditions of the purchase and would then be approved and signed by both the buyer and the vendor. This is a only temporary reservation document. A 6,000 Euro deposit will secure the property while the due diligence is being conducted. This deposit can be held in the Casa Concepts client account or with a lawyer of your choice. The 6,000 Euros serves to reserve the property whilst your chosen lawyer conducts the due diligence and you may also want to arrange a mortgage during this time.
This reservation deposit is fully refundable in the event that your lawyer should discover any legal impediments pertaining to the said property. Should you continue with your purchase after the due diligence the 6,000 Euros will be deducted from the total purchase price. If you don't have a solicitor in Spain, we will recommend you a lawyer who will verify all documents and licenses referred to the property. The lawyer will arrange the inscription of the new deed in the land registry, open a bank account for you as well as arrange payments of all the relevant transfer taxes associated with the purchase. They can also set up contracts for water, electricity, internet providers, town hall taxes etc. It is very practical to have these payments set up on a direct debit from a Spanish bank account.
Private Purchase Contract
A private purchase contract is a contract between the consumer and the vendor (is drawn up within a month after the reservation), setting out the terms and conditions agreed. Containing minimum the following: legal declaration from the vendors that they are legally positioned to sell the property respectively. The exact address and dimensions of the property and its features as set out in the referencia Catastral Government registration of the property. The completion date at the notary. The terms and conditions as agreed by the buyer and the vendor.
After everything has been approved by your solicitor he/she will prepare the contract and 10% of the purchase price has to be paid (minus the 6.000 € deposit already paid). If the private contract of purchase is not signed at the conditions stated and the imputable part is the seller, the full amount deposited 6.000 € will be refundable.
Completion
The title deeds of your new property at the notary’s office is normally taken within two to three months.
Casa Concept and your lawyer will be assisting you during all the process and even later. The Notary will identify the buyer and the seller to ensure that all legal requirements have been met and the amount due to be paid has been settled. The Property registry is informed that a change of owners will take place on this particular property in this notary and guarantees the transfer of the property. The buyer will pay the vendor the final balance and the vendor will hand over keys to the buyer. Immediately after the deeds have been signed, the buyer can take possession of the property. Congratulations for your new property in the Sun !!
The property registration guarantees the transfer of the property. The title deed usually takes around two to three months to be returned by the Land Registry office. Your lawyer will ensure that all the supply contracts for the property (electricity, water, rubbish collection, etc.) has been changed and arrange all bills to be charged into your Spanish bank account if you wish.
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