buy in Spain, it is advisable to get some
professional advice from solicitors that
are specialised in Spanish law to carry
out the required checks beforehand.
A solicitor will verify via the “Registro
de Propiedad” (Land Registry) that
the property actually belongs to the
seller and has legal authority to sell the
property.
Ask your solicitor to ensure that there
are no tenants and that you will obtain
vacant possession. Conducting
searches will ensure that there are no
plans to construct anything that would
adversely affect the value, enjoyment
or use of the property such as roads,
or proposed developments. You will
need to ensure that the boundaries and
measurements in the deed are accurate.
Spain has two property registries:
one, the “Registro de la Propiedad” –
concerned mainly with the ownership
of the property, the other (known as
“Catastro”) is concerned with the
physical description of a property and its
boundaries. A certificate from Catastro
will contain an accurate physical
description of the property and maps.
Ask your solicitor to ensure that the
property does not have any outstanding
loans or taxes against it. Unpaid debts
are inherited by the buyer, and thus it
is vital to check this if you are to avoid
a lender or local authority having a first
claim on the property and the right to
take possession and sell it to repay
any debts. The town hall can provide
you with a certificate of no debts which
confirms that there are no unpaid taxes
such as property tax or other charges
outstanding against the property. It’s
increasingly common for notaries to ask
to see this beforehand. Once debts are
cleared, your solicitor should obtain a
clear evidence of no debts against the
property on the day you sign the deed.
It is possible to go to a notary and
instruct him to draw up the deed without
a contract, however this is unusual and
in order to secure a purchase you will
almost certainly want to incorporate a
contract and pay a deposit, for this you
will need to consult a solicitor. In Spain
it is common practice for estate agents
to offer to draw up such contracts,
however you are best advised to seek
the advice of a legal professional,
especially given the variety of contracts
that can be entered into. You may also
be pressurised by estate agents or “go-
betweens” to pay a goodwill deposit
and these are unadvisable as it has been
known for “go-betweens” to disappear
with monies and in other cases deposits
paid to be forfeited. You must always
ensure you are aware of the conditions
regarding the return or forfeiture of a
deposit.
Signing of the deed takes place in the
notary’s office with all parties present
when the deed is read, signed and
witnessed. Foreign buyers require an
“identification number” which must be
presented at the signing of the deed.
Fees and taxes must be paid within
30 days of completion and there are
penalties for late payment. A signed
deed is lodged at the “Registro de la
Propiedad” and becomes an “escritura
publica” and only when it is registered
are you the legal owner of the property.
Of course, if you are considering buying
a property in Spain, you now know who
the experts are - the MWB International
Department is at your doorstep. We are
also bi-lingual so you know you aren’t
likely to have any linguistic obstacles.
By Sylvia Garcia
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