Purchasing Procedures

THIS IS AN OVERVIEW OF THE LEGAL PROCEDURES AND SHOULD BE USED AS A GUIDE. IT IS NOT INTENDED TO BE LEGALLY ACCURATE AND VARIATIONS WILL OCCUR IN INDIVIDUAL CASES Purchasing property in Spain is a relatively simple procedure.  Once you have found a property a local company will be happy to assist you with every aspect of your planned purchase.

We recommend that all purchases use the services of a Spanish resident, but English-speaking solicitor (called an Abogado) . We can recommend several, or you can choose your own.

Your solicitor will draw up a preliminary contract stating the details of the property you wish to purchase, at which time a 10% deposit is to be paid to and held by your solicitor to secure the purchase. 

When all necessary searches have been carried out and the paperwork checked to ensure the property is free of debt the deposit is paid to the seller and the deposit becomes non-refundable.

Once this deposit has been paid the seller cannot back out of the sale, nor can he raise the price or change the contract.

The balance owing for the purchase is normally required within six to eight weeks of the deposit being paid. In the case of a new property the payments are made  in agreement with the builder / developer.

An "Escritura de compra-venta" (conveyancing deed) is drawn up which transfers full legal title to the buyer.  This is signed by both parties and is witnessed before a Spanish Notary's office, or the Town Hall. 

You will receive a "Copia-Simple", which is sent to your solicitor who will then carry out all necessary checks. Once complete this "Copia-Simple" will be converted into an "Escritura Publico" or final Title Deed.