It is a doubt that anyone can have when taking the step to acquire a property in Spain.
Using a lawyer in Spain = Guarantees the investment in Spain
The economic investment involved in buying a property leads us to the obligation to do so with the maximum possible guarantees. Even more, if the purchaser is a foreign person, not a resident in Spain.
The professional fees of an Spanish expert lawyer in real estate and urban planning matters are, without a doubt perfectly affordable if you want to stay safe from future problems. The purchase of a property is not a small task. Using the services of our conveyancing law firm in Spain guarantees a purchase process without headaches.
Steps of a good lawyer in Spain at the time of the study of a property
A good lawyer in Spain, a real estate expert, will look after the clients’ interests. The professionals at Welex will carry out a detailed study of your property which generally includes the following steps:
- Request to the seller/owner all relevant documentation about the property in Spain.
- Once the documentation has been received, we will proceed to carry out a detailed study of the property, which includes the following actions:
- Consultation with the local Spanish Land Registry and obtaining information that accredits ownership and charges of the property. Normally, a simple note is requested in which the Land Registry provides us with information about the property in summary form. Sometimes it is necessary to make additional consultations (consult the books of the registry and/or request literal certifications…).
- Consultation with the local land registry in Spain, proving that the property is correctly registered in the cadastre.
- Consultation with the municipal authorities where the Spanish property is located, to determine its urban legality. This is where the buyer can be surprised and is where the professionals at Welex place the greatest emphasis.
Although it may seem strange, the fact that a property is registered in the Land Registry in Spain does not mean that it complies with the town planning regulations of the municipality where it is located. Unfortunately, the various registers, institutions, authorities, which have an impact on property, are not connected to each other and legal uncertainty can be up in the air.
Good lawyer in Spain = Best lawyer in Marbella.
Our law firm in Spain is a leading law firm in Marbella. Welex, your conveyancing lawyer in Marbella who provide professional conveyancing property services throughout the whole Spanish territory.
While the legal and urbanistic documentation of the property is being revised, the multilingual lawyers in Spain of Welex will also proceed with the drafting of the different contracts and documents needed, before granting the Spanish Purchase Title Deed, and in the interest of reserving the property and withdrawing it from the market. On some occasions, we find that the property you wish to buy in Spain is very attractive and it is necessary to reserve it, in order to withdraw it from the market, by paying an amount of money as a reserve. In this sense we can find different types of purchase contracts:
Types of purchase contracts in Spain
- Spanish Reservation contract with delivery of a “deposit” (many types of deposits can be made and we do not want to bore the reader with legal terms), where normally a small amount is paid, to withdraw the property from the market and in approximately one week sign a private contract, which includes those clauses that will determine the future purchase of the property. These contracts, with greater guarantees for both parties usually are:
- A purchase option contract, where the grantor (future seller) grants an exclusive right of purchase to the grantee optor (future buyer) for a certain period of time. With this type of contract, buyer usually pays an amount (option premium) about 10% of the purchase price, which is usually deducted from the final purchase price.
- Private contract of purchase which, like the previous one, is also usually to pay between 10 and 30% of the purchase price and subject to the legal guarantees established in our system for this type of contract.
We do not want to bore the reader with the various contracts and documents that can be granted in the purchase of a property (sales contracts with deferred payment, subject to suspensive and resolutory conditions, cancellations of charges….). Without a doubt, at Welex you will find the most qualified multilingual lawyers in Spain who will guide you perfectly on the complex path of buying a property in Spain.
Do you need a Spanish lawyer that speaks your own language? Our English-speaking conveyancing lawyers in Spain are happy to assist you to solve all your legal issues. Contact one of our conveyancing lawyer in Spain now!
Documentation required to sign the Purchase Title Deed in Spain
Once the legal documentation has been reviewed and made the consultations and enquiries with the various registers and authorities, we will go ahead with the procedures prior to signing the Spanish Purchase Title Deed. Thus, as an indication, the documents and information that we will need in order to sign the purchase Title Deed in Spain would be the following:
- Identity documents of both, the buying and selling parties (copy of their passports, identity cards) and in case they are foreigners, we make sure they have the NIE document, issued by the Spanish authorities. Without this document, it would not be possible, in general terms, to grant a deed of sale.
- We will also ensure that both buyer and seller are registered with the Spanish Tax Office.
- Attached to the purchase Title Deed in Spain, we can provide all the legal documents that we believe are relevant. In any case, it is necessary to accredit:
- The cadastral reference of the Spanish property being purchased. This cadastral reference can be provided by means of the last IBI receipt of the property or a cadastral certification emitted by the real estate cadastre. There will be as many cadastral references as there are independent properties that are the object of the sale (homes, parking spaces, storage rooms…).
- Certification of the Community of owners in Spain accrediting that the ordinary and extraordinary quotas of the property are up to date. This certificate is normally issued by the administrator of the community, acting as secretary, with the approval of the president. Bear in mind that on many occasions this type of certificate does not comply with all the requirements when it is issued. Welex professionals will be able to distinguish which documents are perfectly issued and which ones show formal defects.
- Although it is not required its incorporation into the deed, daily practice advises incorporating a copy of the Energy Efficiency Certificate into the deed, as well as its registration in the competent register of each autonomous community.
In addition, in order to grant the purchase Title Deed in Spain, it will be necessary to incorporate documents that accredit the payments made previously (normally a copy of the transfers made, checks, etc), as well as those that are made in the solemn act of signing the deed, which normally are reflected in the delivery of a bank check in favour of the seller, for the rest of the price pending of payment.
Retentions at the purchase Title Deed in Spain
Finally, your lawyer will have taken into account those amounts that by fiscal imperative or by agreement between both parties are retained from the purchase price, to satisfy any amount or debt that was pending at the time of granting the deed. The professionals at Welex will keep you informed about all these issues, issues that may appear complicated for our reader.
When do you get the keys of the purchased home in Spain?
Once the deed of sale has been signed at the Notary’s office, you will receive the keys of your new property, as well as the rest of the documentation that the seller considers relevant that the new owner should have.
Congratulations on your new purchase. With the legal and professional conveyancing services provided by the Welex lawyers and accountants, up to the signing of the Purchase Title Deed, you can leave the notary’s office with all the guarantees and peace of mind and you will only have to enjoy your new home.
However, although with the signing of the purchase Title Deed in Spain and the keys of the new home in your hands, you are the legitimate owner of the property in Spain, it does not end there. Welex continues to work for you:
Once the purchase Title Deed in Spain has been signed, the professionals at Welex will continue to work for you, paying the corresponding taxes for the purchase of the property in Spain and presenting the deed in the local Spanish property register, to register it in your name.
In addition, we will notify the local town hall in Spain and other bodies and authorities that you are the new owner.
Buying a property in Spain is everyone’s dream. The professionals at Welex work to ensure that this dream does not become a bumpy, rocky road. Hire our Spanish conveyancing services of our law firm in Spain now! You will not regret it.