BUYING A HOUSE IN SPAIN
Buying a house is a serious life decision, that often can be very stressful, due to the lack of knowledge of the applicable regulations. If the property is situated abroad, the buyer often has to also face language barriers. In this article, we explain the basic formalities and aspects that should be taken into account when buying a house in Spain.In the first place, we strongly recommend to check the legal status of the property by verifying the information contained in the Spanish property register (Registro de la Propiedad). This allows for checking the identity of the property owner and possible rights in rem burdening the property (easement, mortgage). It is also recommendable for an architectural studio to verify the technical condition of the property.
Before buying the property, the buyer must:
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Obtain a Spanish Foreigner Identification Number (N.I.E.: Número de Identificación de Extranjeros)
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Open a bank account in Spain
Next, the parties conclude a preliminary agreement (Contrato de arras; Contrato privado de compraventa), which sets out the deadline by which the notary act should be signed. Moreover, it sets out the purchase price, as well as the advance payment that should be made by the buyer (usually 5%-10% of the purchase price).
The preliminary agreement also defines the distribution of the costs arising from the transaction. It should be borne in mind that the preliminary agreement is binding on both parties. This means that, if the sale is not finalised within the specified deadline due to the buyer’s fault, the seller will be entitled to keep the advance payment. On the other hand, if the transaction is not completed due to the seller’s fault, he will be required to refund double the amount of the advance payment [read more]
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