Re: Winter 2016 | Page 81

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 79