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Legal Process
Before appointing any legal representative it is important to understand the task involved to make a successful property purchase. No two transactions are the same and inevitably some are going to be more complicated than others. Here we list in order of sequence a useful framework so that you are aware of the various checks, contracts and administrative bodies involved when buying a property in Spain.
- Reserve Agreement - The first step that will remove the property off the market for a nominal deposit and give time for initial checks
- Application for a fiscal number or NIE
- Initial Checks – Town Hall checks for local planning issues, outstanding local fines or denouncements and registered status of the property. Legal aspects found on the Nota Simple, denouncements, mortgages or other debts registered against the property at the Land Register. Checks that all utility bills up to date.
- Private Contract – Legal document clearly detailing all aspects of the purchase/sale including details of the property, price and payment terms, details of the buyer and vendor, outstanding issues regarding the checks, other subjectivities, details for completion of the purchase.
- Completion at the Notary – signing of the escritura (deed), payment of property purchase tax
- Changing over all utilities to the buyers name.
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