Before proceeding with the purchase of a property here in Spain, it is necessary that you take some legal advice.
Our company policy in Forum Inmobiliaria, is to check the properties before we offer them on the Real Estate Market.
Our client´s have the Guarantee their purchase of a new home will be safe and secure.
The following are purchasing tips from our lawyers regarding this important matter.
- Check if the Seller is in fact the owner of the property in question The name should be in the Title Deeds. (property register)
- Check that the discription of the property in the Escritura is definitely the one the Seller showed you. (size of plot, borders of plot, etc.)
- Check that all the paperwork is in order i.e. Certificate of Habitation, Certifcate for electricity etc. These documents are only issued when the property in has been legally constructed.
- If you are purchasing a land plot then it will be necessary to have permission stating on how much of the land you are allowed to built on. We reccomend you obtain this from the local town hall authorities.
- If you are purchasing your property from a foreigner (non spanish and does not have a spanish residencia,) then you are legally required to pay 6% of the salesprice to the tax authorities.
- Check that the property is free from encumbrances, taxes, community mortgages etc.
- Sometimes the case arises when you need to buy or sell a property in the name of a relative or friend. For this, you will need to have a official written power of atourney authorised by an official Notary. A spanish translation will be required and this can be issued, witnessed and officially stamped (Apostilla de la haya) by the Consulate or Embassy
- Should there be any missing documentation, or uncompleted work on time etc. then the Notary will hold a deposit of the sales price until everything is completed satisfactorily. This can be discussed with the Notary and registered “clause” in the sales contract.
- Once the Escritura has been signed at the Notary´s office, he will then send this to the Land register by fax notifing that the property is sold.
This ensures that a “double” sale of the same property does not happen.
- 30 days after the signing of the escritura it will be necessary to pay necessary taxes Due. Only then the registration in the Land Registry can take place
