So you’ve found your dream holiday home, arranged your Spanish mortgage and are now ready to complete the purchase

In Spain, the process of purchasing Spanish property is regulated, and the best thing that you can do to protect your interests is to employ an English-speaking solicitor or lawyer to assist you. Be certain there are no debts or restrictions on the property you plan to purchase.

Locate a Solicitor who can thoroughly research the property that you are interested in purchasing in Spain and provide you with a Nota Simple, rather than depending on an estate agency or a friend’s advice for the legal assistance you need. In selecting a solicitor, make sure he or she can properly check the property’s registry, as well as identify if the property is owned by the vendor or not, and if there are any outstanding mortgages as well.

There are two different categories in the Spanish legal processes for the purchase of property. The first legal document is the preliminary contract, known as Contrato privado de compraventa, and the second is the completion contract, known as Escritura de compraventa.

Once the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. Before the Contrato privado de compraventa is signed, the vendor must show proof of ownership, and also proof that there are no liens or judgements against the property. It is Spanish law to charge all outstanding debts to the actual property, and any remaining Spanish Mortgages would be the new owner’s responsibility. Nota Simple determins which properties contain overdue debts.

Details such as completion date, price and description will be written in the first sales contract. Expect to pay a deposit that ranges between 5 and 15 percent of the purchase price. A bonded client account is where the funds will be kept for you. It is possible though not advisable to sign the private preliminary sales contract without putting down a deposit.

The second stage is the final contract stage, or the Escritura de compraventa stage. The purchaser will be required to pay the balance of the purchase price and all fees on the date of completion. Next, the seller and buyer meet and sign a contract, which is essentially a claim to the property. In front of a Notary Public the buyer will receive the deed of conveyance which is known as escritura in Spain. To make this legal, a copy of the dded must get to a tax office, and then sent to a property registry. In Spain, Notary Publics are public officials required to witness a deed of sale, but you should also make sure to have your own independent expert legal advice to make sure that your own interests are protected during this legal process. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.