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Legal Information - Buying a property in Spain
 
 


Buying and selling property in Spain will most certainly involve different procedures than you are accustomed to in your home country. However, you can make this a smooth experience by learning as much as possible about how these processes work here, and then selecting reliable professionals to walk you through each step involved.

You have found the house or apartment of your dreams, what are the procedures?

The actual buying process is divided into three phases:
. Making a decision
. Entering into a private contract - Option to purchase contract
. Completion at the closing table (Notary) - Signing of the deeds at the notary.

We always recommend that a purchaser of property in Spain retains a qualified solicitor to represent him, who is specialized in property conveyances and is fluent in English.

Purchasing property in Spain is a relatively straightforward procedure. The last step in property ownership is the PROPERTY REGISTRY, which will show immediately if the seller
owns the property free of liens and encumbrances. Most frequently, unless an immediate cash payment of the full purchase price is made, a private contract of purchase is drawn
wherein the details of the purchase are reflected: legal description of the property, purchase price, form of payment, date of completion, date of possession, etc.

Upon signing the option to purchase contract, a payment on account of the purchase price is always made which can vary substantially according to the terms of the sale and the date of
completion. A normal deposit for completion within 30 to 60 days would be 10% of the agreed purchase price.
When the entire purchase price is paid for the property, the seller will issue the public deed of conveyance (ESCRITURA) to the purchaser, free of liens and encumbrances. This deed is
issued before a Spanish NOTARY, is passed from the notary to the TAX OFFICE to be assessed for stamp duty, and then presented to the PROPERTY REGISTRY for inscription. Should it be required, a provisional inscription in the REGISTRY can be made immediately
upon taking title.

 
 
 
 
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