On finding a suitable property and you wish to proceed with its purchase then a private contract will be drawn by your lawyer as an agreement between seller and purchaser. This contract will contain all details relevant to the property including- Description, purchase price and deposit, form of payment, penalty clauses, inventory (if applicable), and an ?on or before? completion date. When both parties are agreed then the contract is signed and the deposit will become payable, usually 10% of the purchase price.



At this stage you must be sure that the property is the one for you as usually there is a clause in the contract stating that if the buyer rescinds then they lose their deposit, or if the seller rescinds then they must return double the deposit to the purchaser.

SEARCHES

Prior to signing the Title deeds (Escritura) the lawyer will conduct searches and obtain a Nota Simple to ensure the vendor is the registered owner, all taxes have been paid, if any charges or debts exist on the property and that clear title can be obtained.

The deeds are signed at the public notaries office in person by vendors and purchasers or by their representative if a notarised Power of Attorney is available. It is therefore important to inform your agent as soon as possible if you are unable to attend at the notaries to enable Power of Attorney to be arranged.

Usually the Deeds are signed, (completion), within 30 days of the private contract but this can be extended to any period if mutually agreed. Prior to signing all bills relating to the property must be proven to be paid up to date, (electricity, water, rates, etc,) the lawyer or ourselves will make these available for inspection by the notary.

MAKING PAYMENTS

The full balance of the payment is required before the title can be transferred to the purchaser; therefore it is essential that arrangements be made for funds to be available prior to completion.

The purchaser must also obtain a fiscal number or NIE in order to register the property; we will of course help you obtain this. Payment can be made in various ways, but usually by bank transfer or banker's cheque or draft, and can be in Euros, the local currency, or a foreign currency, if again mutually agreed.

EXPENSES

Total expenses incurred by the purchaser do not normally exceed 10% of the purchase price and are made up of the following.

Stamp Duty For Transfer Tax is charged at 7% of the declared price for resale properties, this tax is not applicable for new properties that instead are subject to I.V.A. (V.A.T) of 7%.

Notary And Registration fees total approximately 2% of the declared value.

Lawyers usually charge up to 1% of the purchase price. Plus Valia Tax is applied by the local authority and calculated on the increase in value of the land occupied by the property since the last purchase, the value or the size of the building does not affect this tax.

RETENTION & CAPITAL GAINS TAX - VENDORS

A non-resident Vendor is liable to a tax of 3% of the purchase price withheld or retained in lieu of capital gains tax, it is however the responsibility of the purchaser to enforce this retention, (the Lawyer normally arranges this for you), deducted from the final payment. A capital gain by resident owners is calculated on the difference between the declared price when purchased and the sale price and is currently 18%.

TAKING POSSESSION

Takes place once the title deeds have been signed and full payment made, it is then that you will need to arrange the following.

TRANFER OF SERVICES

Electricity, water, rates, telephone and if applicable community fees are usually paid by direct debit or standing order through your bank in Spain and we can arrange for these to transferred to your name on completion. Insurance of the property becomes your responsibility on completion and we can recommend and arrange quotes as required.

CONGRATULATIONS ON YOUR NEW HOME!

Although it appears daunting the Spanish conveyance system is straightforward and used properly gives both the purchaser and the seller complete safety.