Making the Purchase
You’ve found a property and paid your deposit. What do you do next? One thing for certain is that the Spanish property system is nothing like the system of your own country and you must remember this at all times. If you don’t understand something ask someone who speaks good Spanish to explain it to you as this may avoid a lot of stress and costs in the future.
The Notary – a notary is very important in the purchase process as they approve and witness the deed of sale (escritura de compraventa). The notary can be selected by either the buyer or seller. However, this doesn’t mean they act on behalf of one party as they are a neutral person who works on behalf of both to check all the papers are correct.
Don’t assume that the notary is the equivalent of a lawyer as this is not the case. It is advisable to employ a lawyer (abogado) to check any legalities. Although check the lawyer is fully conversant with conveyancing as lots are not and would leave you exposed.
There are specialist companies whom can deal with the purchase or sale for you and work hand in hand with a local notary.
One other point to note is that notaries often only speak Spanish, so you may wish to take an interpreter when you go to sign your papers.
Under-Declaration – be very wary if an agent or seller suggests you under-declare the value of the property to save money. This is illegal. It is done to avoid paying higher taxes and notary fees.
An excepted means of saving money sometimes referred to black money. It is not uncommon for this to happen and depending on the circumstances sometimes an advantage.
How is the money paid?
Usually by bank transfer in the presence of the notary. The payment method will depend on individual circumstances, for example if there is a mortgage, the payment is a cash transfer (through the bank) or the payment is made in the buyer’s currency to an account in their home country (for example to save money on the exchange rate a buyer with a UK bank account can agree to pay a seller with a UK account in sterling).