If I'm looking to buy a property in Spain......?

Question

...... What salient questions should I be asking my Spanish lawyer?

Answer 1

This is the same answer that I have answered in the Spanish section but have put it here in case it helps yourself and others interested in buying a property in Spain
There are many different laws and regulations regarding buying a property in Spain, and these differ on the type of property involved, whether the property is a resale or off plan, if it is on an urbanisation or in a rural or urban location.
But before you speak to a lawyer see if you can find one that has been recommended by someone who has had dealings with them.
Spanish lawyers DO NOT NORMALLY DO A FULL SEARCH as is required in the UK. They find out if the property is legal and if the person/s who is selling it is the rightful owner.Anything more than this you have to ask for. Also they look into any debt that might be on the property. Do not be frightened if there is debt on the property as this is taken off the purchase price at the notary and has to be agreed upon before signing.
Here is a list of things that are covered in this link

http://www.spainlawyer.com

Purchase of a second hand property
1. Previous steps
2. Taxes to pay
3. Fees to pay
4. The sales contract. Signature of the deed
5. Reservation of the second hand property. The "Arras agreement"
6. Builder's liability for construction defects in second hand properties
7. Other points to check when buying a second hand property
8. Buying a property which do not have registered title
9. Buying a property in Spain from a non-resident

Buying a new property in Spain

1. First information
2. The deposit and the advanced payments
2.1. Guarantee of advanced payments
3. The private sales contract
4. Signature of the deed. Registration
5. Taxes to pay
6. Fees to pay
7. Other points to check when buying a new house
7.1. The Partial Plan
7.2. Building in conformity with the Coastal Law
7.3. The building licence, the certificate of completion of the building and the certificate of occupancy
8. Builder's liability for construction defects

When you decide to look for property please be aware that there will be charges of approx 11% on top of the purchase price.

Answer 2

Do you know which area of Spain you want to move to? A lot of the sites are generalised, or concentrate on the hideously overdeveloped touristy areas. It's probably more sensible to look at sites that specialise in the area you are interested in, as they will have local knowledge which can be invaluable. Also you need to consider why you are buying the property; is it for investment, your own use, renting out etc? The sites listed below have some good overviews.

Answer 3

Hope you get a better answer than mine, but I don't really know who you could trust in Spain, if your looking for investment or to retire, or to let out, it means parting with a lot of money.
If the govt decide to take it over and give you next to nothing for it , for whatever reason , not much you can do, no matter what you ask your solicitor and no matter what nationality he is.
I did actually think about it myself, for retirement it's certainly cheaper to live in Spain, good weather etc etc, but it's very painful to part with money, (I'm a Scot)!
I have two Daughters living in Spain, both been there for years, they live in different parts, but both near the coast, they are both renting, a four bed house with all mod cons on long term 1 year plus, costs around £100 per week, my option would be that !
Yes Ido understand the potential for profit in buying, just far to much of a gamble for my liking.
If I was thinking of that option for retirement and worked out the rent over 10 years? against laying out around £150 k cash, I know what I would go for.
As I said , I hope you get a better response than mine!! Good luck whatever you do.

Answer 4

How am I going to be protected from terrorism in Spain is the first question I would ask? Especially after last year!

Answer 5

well in many socialist countries like denmark for example, you can't own your own property unless you become a citizen. but i don't know what type of government spain is....

just thought i'd meantion that though...

Answer 6

Make sure you buy the land and the house.