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So youve found your dream holiday home, arranged your mortgage in Spain and are now ready to complete the purchase

In Spain, the process of purchasing Spanish property is regulated, and the best thing that you can do to protect your interests is to employ an English-speaking solicitor or lawyer to assist you. Be certain there are no debts or restrictions on the property you plan to purchase.

The legal process for purchasing property located in Spain falls under two types of transactions. First you have the preliminary contract, or Contrato privado de compraventa, and then you have the completion contract, or Escritura de compraventa.

A preliminary individual sale bill should be signed after both sides agree to the cost. 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. It is Spanish law to charge all outstanding debts to the actual property, and any remaining debt would be the new owner’s responsibility. 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. A 5% to 15% deposit of the final purchase price will be required. This money shall be held in escrow for your benefit. 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. Next, the seller and buyer meet and sign a contract, which is essentially a claim to the 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. Remember too that as the buyer you will be responsible for paying the Notary Public’s charges along with the real estate sales taxes.