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Prior to viewing
If you are serious about buying
Spanish property during your visit, you
should have at your disposal sufficient
funds to cover the reservation sum. The
minimum amount required is normally €
3.000,- to € 6.000,- this is a good-will
gesture, and enables the property to be
taken off the market.
This reservation amount may be greater for
high priced properties. The reservation
sum may be paid with a credit card or cash.
A cheque, if drawn on a foreign bank may
take up to ten days to clear by a Spanish
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If you do
not have the means to lodge a reservation sum
immediately, you may risk losing the property
to another party who does have the reservation
sum to lay down. There are virtually no exchange
controls in Spain, which means that you can transfer
funds into Spain, in this instance for the purchase
of your new home from any bank in the world. Spanish
banks are willing to lend to non-residents
Requirements (see our banking details).
Stage One:
The initial Offer
When a suitable property has been selected, the
purchase terms and price will need to be negotiated
with the seller. You may wish to make your offer
subject to mortgage or Lawyer approval, or vary
final completion dates, or the method of payment.
We recommend that at this stage, a lawyer is engaged.
Selecting a Spanish Lawyer.
There are many excellent local Lawyers in Spain
who are fluent in English. As in the rest of Europe
all are qualified, and regulated through the Spanish
legal system. Upon your first meeting they can
give you an estimate of your outlay for their
services. We can introduce you to some excellent
firms, which both our company and our clients
have used, or you may wish to engage your own.
A Lawyer will provide the legal guarantees for
the purchase of the property ensuring that Spanish
legal requirements are met and that the property
is bought free of encumbrances, charges, liens
or debt and up to date in all its payments of
local contributions and community charges etc.
Payment of reservation.
When there is a verbal agreement between the parties,
the next step is to formalize the offer of purchase
in writing. The reservation amount can now be
lodged in a local bank account or with your Lawyer
in order to show the seller that there is a real
intention to purchase.
Stage Two:
Exchange of private contract.
Upon acceptance of the offer by the owner the
next step is to exchange private contracts of
sale. This can up to six weeks to complete, following
the formal acceptance of the offer. Your Lawyer
at this time will have completed his searches
and investigations of the property and will have
arranged with the owner the procedure for the
cancellation of any outstanding debts. The private
contract of sale or option will reflect all the
agreed terms of the offer and sale and set out
the date for final completion at the Notary. It
is customary practice at this stage to pay ten
percent of the purchase price which normally is
non-refundable should the purchaser not complete.
In the case of the seller withdrawing , they must
pay double the deposit.
This is a binding agreement, between the buyer
and seller.
Stage Three:
Final completion at the notary
A sale is formally completed in Spain, when the
public title deeds of purchase are signed before
a notary, the final payment made, and possession
given to the buyer.
Registration
Once signed, the notary will fax a note of the
title deed to local land registry. Your Lawyer
will also pay on your behalf all the relevant
transfer taxes associated with the purchase and
will handle the formalities of registration of
your title deeds. Final registration of the deed
may take up to two months. Similarly, your Lawyer
will arrange for the transfer of accounts with
the local suppliers of utility services such as
water and electricity and organize their payment
through a local bank.
Costs involved in purchasing a property
There are in principal three fees and two taxes
to pay when purchasing property in Spain. As a
rule of thumb, you should budget the combined
total of these amounts will be around 10% of the
purchase price.
The fees are as follows:
Legal fees: Minimum of € 600,- or 1% of the
purchase value whichever is the greater, plus
value-added tax (I.V.A) currently charged at 16%.
Notary fees: the scale is fixed by law and may
range from € 300,- for lower price properties
to € 841,40 for higher priced properties.
Property Registry: as a rule of thumb, 60% of
what the notary charges.
The taxes
Transfer tax (ITP) at 6% or, when buying from
a promoter, developer or habitual trades, IVA
at 7% or 16% plus Stamp Duty at 1%. The IVA rate
of 16% is applicable when purchasing parcels of
land, commercial premises, or garage spaces.
Plus Valía: normally payable by the vendor
but it may be stipulated that the buyer pays.
This may range from a hundred Euros to several
thousand Euros on larger properties with a lot
of land. Who pays this will be discussed in the
negotiations and in consultation with your Lawyer.
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