Legal

The purchasing process of a home in Spain is a bit different than in Belgium or the Netherlands. In Spain, the key role lies with the Spanish lawyer. It is this lawyer who actually does all the important work and is also responsible for all his work. The notary merely takes over all information and ratifies it in an official deed.

Choosing the right lawyer is therefore essential. We will advise you on this and provide you with a lawyer who speaks your language!

An Overview Of The Lawyer's Duties

• Check who the actual owner is
• Check whether the property is charged with certain debts
• Check whether the building is charged with a construction violation
• Checking the exact destination of the property
• Checking the registration office details
• Checking the land registry data
• Checking the legal validity of the purchase agreement
• Presence at the execution of the notarial deed
• General advice of the administrative procedure

In addition, there are also a number of administrative tasks that need to be fulfilled. We take care of this part.

We then think of this

• The application for a mandatory NIE registration number or the 'numéro de identidad extranjero'
• A possible application for a mortgage loan from a Spanish bank Did you know that you can even have up to 50% of your purchase amount financed by a Spanish bank? We are happy to advise and help you with this
• Monitoring the payment of any advances
• Advise between the choice of a 'new build' or a 'resale'
• Advise on cash payments
• Advise on registration and other costs
• Advise on the general purchasing process
• Advise on property tax and taxes
• Organizing connections to the utility companies
• etc…etc…

The purchasing process is therefore slightly different than in Belgium or the Netherlands. The real estate agent, the lawyer and the notary actually work together and form one team. But it is the lawyer who must perform the most important tasks and is also legally liable for this. So his job is the most important.

Overview of the different steps of the purchasing process

1 | Reservation of the property

If your offer is accepted, you must sign a reservation agreement and make a deposit of usually 3,000 or 6,000 euros into the lawyer's third party account.
At that time, the property will be taken off the market.

2 | Drawing up the sales agreement or the compromise

After the first step, the reservation, the lawyer must now conduct a thorough investigation into all important legal aspects of the property.
If this investigation is found positive, the lawyer will draw up the sales agreement or compromise.
This sales agreement must be signed by both the seller and the buyer.
When signing this sales agreement, it is also customary for a down payment of 10% to be made into the third party account of the lawyer.
This sales agreement clearly states, among other things, within which period the notarial deed must be executed.
Just like in Belgium or the Netherlands.

3 | Signing the notarial deed

The notarial deed is of course drawn up by the Spanish notary and must be signed by all parties before the notary.
The process is in principle identical to that in Belgium or the Netherlands.
The lawyer will of course ensure that the notary obtains all the necessary information.
If you cannot/do not want to be present at the signing of the deed, you can easily appoint an authorized representative.

4 | Registration rights

After signing the deed of sale, the buyer has 30 days to pay the registration fees and to register the deed in the register of properties.
Other authorities such as the municipality, the land registry and the utility companies are also informed.
All this is also part of the lawyer's duties.

What if you purchase a home off plan?

When purchasing a home off plan, the procedure is slightly different.
Because the house is not yet ready, the lawyer must also check other matters, such as: 

• Is the building permit in order?
• Is the promoter solvent?
• What if the house is not delivered on time?
• Checking the specifications
• Advice regarding any interim down payments during construction
• Final legal inspection upon delivery
• Checking the promoter's insurance for any hidden defects that might only appear after you have started using the property
• Check of the 'first occupancy' certificate or the 'licencia de primero occupation'
• Preparing the file for the notary

As you can read, the key role lies with the lawyer.
We guide and assist you every step of the way.