If you find something you like, a written private purchase contract will have to be drawn up. Unlike in other countries this is legally binding in Spain.
This contract will essentially specify,
The sale price
In Spain the seller has to have moved out before the notary appointment. That day you will be able to collect the keys to the property of your dreams and begin living there. This leads to the following customs:
So as that the seller can afford to pay for the required move and, bearing in mind that they may need to make their own down payment, they often receive a 10% down payment. This should be paid, immediately after signing the private contract.
Despite this, in practice, the buyer often does not have that much money on them. So they agree two payments:
It is also normal to put a special clause into the private purchase contract, to the effect that if the buyer pulls out, the seller is authorised to keep the down payment. This could be compensation as to the seller who may have moved out, in vane, and would also be used settleof other costs resulting from their contract compliance.
Equally it is also agreed that if the seller pulls out of the contract, he not only has to return the down payment but also pay the same amount again to the buyer. In this case the buyer will receive the down payment paid plus the same again. This makes sense when a low price is agreed and subsequently the seller receives a better offer. In this case the seller must almost pay a fine.
In a private purchase contract the deadline for the appointment with the notary is established; usually 2 months later, so both parties have time to arrange their affairs.
Between the signing of the private purchase contract and the signing of the notary contract (deeds) we conduct a detailed background check of the other party’s papers . We check all the papers of the property. In the event that clarification is needed we deal directly with the relevant professionals (lawyers, banks, architects, notaries, public entities, Inland Revenue, community owners) so that there is no problem with the transfer of the property nor any other problems. But you do not need to worry about all this as it is part of our service to you!
One of the things we can not do for you is obtain your Tax Identification Number, also called NIE (Foreign identification number / Número de Identificación Extranjero). You need this for all important purchase contracts in Spain. The application for this has to be done personally. There is no other way to do it! The procedure for this has often changed. But do not worry, we will organise and accompany you to the authorities. After approximately one week you can collect your number. We can do this for you. Alternatively you can also request the number directly from the Spanish consulate, however this can take a long time (3 months or more).
Should you not have a bank account in Spain, we can accompany you to the bank to open an account. You can transfer all the capital needed prior to the acquisition of the house, into this account. We advise that later on you use this account to pay bills for the property. This way you will not miss any payments deadlines.
In the case that you need a mortgage (see also detailed explanation on financing below) we can talk directly to the bank about what is required.
Thus you can now move forward with your new home without fear!
The day of closing the sale before a notary (Deeds of the purchase commonly referred to as Deeds) we will meet and go with you to the bank. There you will receive the bank confirmed cheques which you will need to pay the rest of the agreed sum to the seller.
Afterwards we will go to the Notary. All other interested parties will also be there.
There all the documents are verified again. The Land Register will be obtained in the Notary office. The notaries have direct access via internet to the Land registry. Today this is standard practice. You no longer need to fear buying a property which has debts!
Then the contents of the contract will be explained to you so that you know what it is you are signing.
Only then does the notary appear.
Now everything goes quickly! The notary reads the most important criteria of the contract, they will ask if you agree and to sign again. The keys and cheques are exchanged. Everything is done!
If a mortgage has to be cancelled or registered again, representatives from the bank will also attend the meeting. They will sign the settlement in front of the notary or the registration of the new mortgage almost at the same time as you sign the purchase contract. You will receive a copy of the notary contract called a “Nota Simple”. The original can only be collected a few weeks later.
From now on you are the legitimate owner and holder of the property. You have the keys and can move in!
Documents to take to the Notary:
After the appointment with the notary we will take care of the change of address into your name as well as the payment of taxes. You will need to sign a few papers for us to be able to do this.
But then that will be all. You can enjoy your new home!