Thinking of Buying in Spain?

Maria Prieto a Spanish Lawyer at Rowlands Solicitors LLP offers some sound advice on the Do's and Don't's of buying your dream home in Spain

DO'S

1. Seek legal advice before purchasing and make sure you understand the legal process.

2. Make sure your Lawyer will carry out due diligence on the property and Deeds and legal documentation (Title deeds, building licence, bank guarantees, etc.)
3. Check that you will be able to get a mortgage (if you need it).

4. Be aware of Tax implications in relation to the property and also bear in mind that you will need to find approx. an additional 10% of the purchase price to cover legal costs, expenses and taxes involved.


5. Remember Inheritance Law is different than in the UK and Spanish IH Tax will apply to your beneficiaries in relation to your Spanish Assets.

6. Sign a Spanish Will relating to your Spanish Assets. An English will is valid but it is easier if you have a Spanish Will.

7. Be aware you will only become the legal owner when the purchase is completed by signing a Public Deed in Spain in front of a Notary Public.

8. Make sure Developer will provide you with a Bank or Insurance Guarantee of the money deposit during construction (if buying off-plan)

DON'T's

1. Sign a contract you do not understand.

2. Hand over any deposit or payment without knowing the terms of purchase and being properly advised. Deposit should always be refundable within following 28 days.

3. Assume anything and do not accept a verbal agreement but only if in a written form which usually makes it legally binding.

4. Agree to a purchase price if it is not set out in the contract.
5. Pay any cash towards the purchase price.

6. Give a Power of Attorney to someone you don't know or don't trust or is acting on behalf of the Seller or Developer

7. Forget to open a bank account in Spain and be aware of the bank charges for future transfers.

8. Complete the purchase if First Occupation Licence or Habitability Certificate is in place (if buying off-plan).

9.Sign the Completion Deeds and pay balance without a snagging list being carried out.