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Once youve chosen your ideal property and found a Spanish mortgage how do you go about completing the purchase?

Many foreign countries have different regulations regarding the buying and selling of property; this includes Spain where such transactions are regulated. As such hiring an English speaking lawyer would be advisable. Validate that the Spanish property you plan to purchase is free of restrictive clauses and debts.

The legal process for purchasing property located in Spain falls under two types of transactions. The first legal document is the preliminary contract, known as Contrato privado de compraventa, and the second is the completion contract, known as Escritura de compraventa.

Once both parties have agreed to the price, then a preliminary private sales contract should be signed. The vendor must provide proof that he or she owns the property free of any charges before this Contrato privado de compraventa has been signed. The purchaser must pay the debts of their property as part of their %LINK2% agreement. Nota Simple documents were developed to validate if a property has an outstanding debts.

Details to be included in the draft sales contract will include the date of closure, agreed upon purchase price and a detailed accounting of the property being purchased. At this point you will also be more than likely required to pay a deposit of between 5 percent and 15 percent of the purchase price. These funds will be held for you in a bonded client account. You can sign the private preliminary sales contract and not put down a deposit but it is not advised.

Escritura de compraventa is otherwise known as the second or final contract stage. On the completion date, the balance of the price of purchase and all fees need to be paid by the purchaser. Both the vendor and the buyer must sign the contract at the same time. This contract is equivalent to a deed on the purchased property. In front of a Notary Public the buyer will receive the deed of conveyance which is known as escritura in Spain. A photocopy of the deed will be provided to the tax official and property registrat to ensure everything is legitimate. In Spain, all deeds of sale must be witnessed by a Notary Public, which is a public official in that country. However, you need to have your own legal counsel to protect your own interests during the transaction. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.