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1.Find a Trustworthy Estate Agent
or Builder
2.Choose a Property Lawyer to assist
you
| The Estate Agent & Builder |
Once you have identified the area in which you want to buy a property
~ chose a builder or agent with knowledge of the local area to show
you a wide selection of homes and advise on the best areas to invest
in.
You should ask for details of the outgoings payable each year to
maintain the property, namely the Annual Real Estate Tax (IBI),
the community fees, the charge for rubbish collection, the water
rate, the electricity charges and The Property Income & Wealth
Tax in respect of the property that you wish to buy.
When you have made the decision as to the property to be purchased
you will be asked to immediately pay a reservation deposit, thus
ensuring that this property is not sold to another purchaser. You
will then have a period of 10 to 15 days to exchange contracts but
before doing so , you should seek proper legal advice.
| Legal Advice & Assistance |
From now on until completion of the purchase, the lawyer will take
care and assist you in all the different steps in the transaction.
There are many excellent English speakingSpanish lawyers in
Spain. Choosing the right lawyer is your guarantee that Spanish
legal requirements are met, that the property is in the vendors
name & it is free of mortgages, charges & encumbrances,
debts or other liabilities. Your lawyer will negotiate & discuss
the purchase terms with the vendors lawyer. This will not be just
the price but completion date, form of payment etc.
Once you have chosen your law firm they will explain the procedure
involved & the associated costs buying a home in Spain.
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| Buying a Property in Spain |
The next step after paying the deposit
is the evidence of the terms in writingthe lawyers at this
stage will draw up The Private Contract. It is customary to pay
a deposit of 10% of the price on exchange of contracts, which is
not normally refundable if the purchaser defaults. Conversely, if
the seller fails to fulfil his obligations, you will be entitled
to rescind the contract and claim damages. Before your lawyer exchanges
contracts he will have completed his searches and investigations
in respect of the property.
On the day fixed for completion your
lawyer will go to the Notary Public to sign the Title Deed, making
the final payment to the vendor who will simultaneously pass possession
of the property to you with the keys At this stage the sale is completed.
Immediately after completion the
Notary will fax details of the title deed to the local land registry
to inform them of the new owners identity so to prevent the property
being sold twice. You will then have to pay the relevant taxes.
1.Your lawyer will probably charge 1% + VAT of the sale price.
2.The Notary charges to a fixed scale.
3.Land Registry Fee.
1.If you are buying a resale property
you are obliged to pay
Transfer Tax (ITP).
2.If you are buying a new property
from a developer then you pay VAT (IVA) plus stamp duty.
3.The VAT (IVA) rate increases if
you are buying a plot of land, commercial premises or garage spaces.
4.Plus Valia is a tax levied by the
local town hall based on the area in which the property is located.
This tax varies dependant on the purchase price. By law the vendor
is obliged to pay this tax but in practice it is common for the
parties to negotiate on whom is to assume the liability.
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