What questions should I ask of my Spanish lawyer before I buy?
2007-02-08 06:57:52 · 13 answers · asked by HelsWigsy 2 in Travel ➔ Spain ➔ Other - 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.
2007-02-08 12:46:11 · answer #1 · answered by ann.inspain 4 · 1⤊ 2⤋
You bet. Spain is a good real estate market. Specially those areas close to the coast that are used as tourist destinations. Contact a well known real estate agent in Spain, and consider having Title Insurance. Also have a full due diligence check on the background of the property you're about to buy, in order to see if there's any law suits or liens on the property. The title insurance company can help you out by providing a list of approved attorneys Make sure all the property taxes have been paid, and also how much property tax you'll have to pay and on what basis. Also check if you are eligible for any type of exemptions from the government depending on your immigration status.
2016-03-28 22:26:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
As most of the people on here have said i agree with be very careful with estate agent English and Spanish.
properties are now so inflated that a dump 2years ago would have cost around 20,000-€ now 120,000 € thats really how stupid prices have gone as per planning permissions they only last 12 months not indefinatly so if the house you want as been on the market for a few months you must complete building work before the time is up.
try these to websites and check out the message boards they will help you a lot.
www.thinkspain.com
www.idealspain.com
good luck you will really need it !
2007-02-10 01:47:10 · answer #3 · answered by tonyinspain 5 · 0⤊ 0⤋
Anna gave you a first class reply. Allow 12% for fees to be on the safe side. However, properties in Andalucia are well overpriced and my own feeling is that there will be a crash in the not too distant future. Don't be sucked in by a slick salesman trying to sell you an appartment in a block that is two thirds empty ! Good luck. Ed.
2007-02-10 01:23:13 · answer #4 · answered by eddie 2 · 2⤊ 0⤋
The most important thing to consider is NOT to buy property in Spain. The Spanish are not even buying property in Spain right now. They are in a real estate bubble. This is not only my opinion but this is the opinion of the European Central Bank. They have issued a warning about it last summer.
2007-02-09 05:59:26 · answer #5 · answered by Ponca 3 · 1⤊ 2⤋
Is there an escritura, thats the equivalent of deeds
is it a legal build
Does it have a certificate of habitation
Are there any embargoes on the property
Is it built on land classified for building use
Does it have full planning permission
Whats the future of the land/property around it with regards to future development
Those are the most important ones
2007-02-08 20:32:59 · answer #6 · answered by SunnyDays 5 · 0⤊ 2⤋
You will need to ask him/her if there are any outstanding debts on the property or land. If there are, then you automatically take them over no matter how much they are or for what they are. If I could give you any advice at all, it would be to do your homework thoroughly and don't be afraid to ask what you may consider to be run of the mill questions. Always better to be safe than sorry.
2007-02-08 07:39:04 · answer #7 · answered by JillPinky 7 · 2⤊ 2⤋
The notary does not verify or guarantee the accuracy of statements in contracts so it is essential to have your own lawyer. The notary is not there to protect the interest of either the buyer or seller and is certainly not an expert in the inter-relationship of local taxes and English tax and property law. A good lawyer and tax adviser is considered imperative. See http://www.spain4uk.co.uk/retiring_guide/lawyers.htm for more details
2007-02-08 08:30:08 · answer #8 · answered by derf 4 · 2⤊ 4⤋
What happened ? Did you manage to get your property in the end ?
www.anabelandpartners.com
2016-01-10 02:54:57 · answer #9 · answered by Fire 1 · 0⤊ 0⤋
You may find some of these articles by various contributors on my web site of interest to you:-
2007-02-11 06:05:40 · answer #10 · answered by Ruth P 2 · 0⤊ 0⤋