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Your Spanish property purchase. 

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A step by step guide to property purchase in Spain.

The purchase process in Spain can be painless ! With Spanish mountain Property you will have support all the way. We aim to make your property purchase as effortless and enjoyable as posible.

It is our  job as agents to present each and every property in as accurate a way as possible, given the facts both as presented by the sellers, and as seen by us.  The next step in an inspection visit by you.

Upon choosing a property and agreeing a price the process is then in the hands of your chosen solicitor ( we can recommend an excellent local firm) who will check that the documentation is in order and that there are no outstanding debts on the property . You will need to open a bank account in Spain  if you do not already have one. We can accompany you to a local bank if required. You can open an account with no initial deposit. You will need your passport.

ESCRITURA =DEEDS TO THE PROPERTY .      CATASTRO = NATIONAL PROPERTY REGISTER.      NOTARIO = SOLICITOR SPECIALIST IN CONVEYANCING, REGULATED BY SPANISH GOVERNMENT.      GESTOR = SPECIALIST IN MANAGING DOCUMENTS RELATED TO GOVERNMENT,  INSURANCE ETC.       NOTA SIMPLE= a form  obtained from the office of the "Notario" that states whether or not there are any mortgages or outstanding debts (eg  unpaid rates bill) on the property.   COPIA SIMPLE = a stamped, verified photocopy of the escritura. 

The process for purchasing existing property in Spain including land is as follows:

1. The escritura  must be supplied by the owners of the property and the names and property details  the same as registered at the  Castastro.  If there is no escritura, or the escritura has not been registered, or if there is any discrepancy between the catastro and the escritura, your solicitor will arrange for this to be rectified if required. If there is more than one signatory, there will be a signed agreement that all parties agree to sell.

2. You, the prospective purchaser, when buying through Spanish Mountain Property, having already secured sufficient funds to buy, will be given a Reservation Agreement receipt upon payment of  300 (three hundred)  euros to Spanish mountain property and this ensures that the property is removed from active publicity. The agreement  includes property and price details, and states that 10% of purchase price (minus 300 euros already paid) will be paid within a specified period, usually 10 working days, pending the Nota Simple and documentation correct as in para 1 above. Your property purchase will only be  binding when the full deposit, or the deposit agreed between you and the seller, has been paid and contract compra/venta signed. 

3.The deposit is non-refundable if you the buyer pull out, and the seller has to pay you double this amount  if he himself pulls out. The compra/venta contract contains a clause which specifies that the completion must take place within a mutually agreed time. Theoretically, this can take place within a few working days although it is not unusual to agree three months or even more.

4. On the agreed date for completion, the solicitors, buyers and sellers and translator ( note if you are not Spanish fluent,  the notario will insist on  an official translator - fee 150 euros including travel expenses) meet en masse at the office of the relevant Notario, where you pay the balance of purchase price and the escritura is  put into  the name of the new owners.                                                

You can now move in !

5. These deeds are sent to the Registry office for registration, which can take around 6 weeks .

                                                                                             Questions  & Answers:

Is my money secure? Yes, if  procedures are properly followed. In fact the Spanish legal system can give more peace of mind than the English, as it does not permit "gazumping" without penalties to the seller.

Can I give power of attorney to my solicitor in Spain, to purchase on my behalf ? 

Yes, you will need to go with the solicitor to a notario office to do this, and some notarios will insist that an official translator accompany you if you are not fluent in Spanish. The translators fee including travel expenses is 150 euros.   

What documents will I need for property purchase in Spain ?

You will need your passport, and an NIE (National identity card for foreigners). Not all Notarios insist on this card but it is strongly advised that you allow enough time to obtain one. We recommend at least two days, in case of hitches. You can obtain one from the consulate in United Kingdom but it is likely to take some weeks.

Solicitor, official translator, NIE certificate, money transfer- its all rather daunting. WIll you advise and accompany where needed ?

Yes- we have an established reputation for  assisting at each stage of purchase, and co-ordinating on your behalf not only  to the point of purchase, but also afterwards, in assisting in the transfer of bills such as electricity water and rates. Our bi-lingual friendly office is at your disposal- Come and see us  !

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