CHOOSING THE PROPERTY
Finding your Dream Home in Southern Spain with myproperty-finder.com is easy. When looking for an apartment, townhouse, villa, finca or plot of land on the coast or inland, we are here to help. It is our policy to meet the needs of our clients at all times, not only during your purchase, but also offer further support as part of our after sales service. Once you have decided on the property you wish to buy, there are a few steps for you to know, which will help you going through the purchase process.
USING A PROFESSIONAL PROPERTY AGENT
As a professional property agent we try to be as helpful as we possibly can. We provide a wide selection of properties and local information. We may also help you to seek out the perfect property even though we do not have it already listed. Agents do not normally make a charge to buyers and therefore it makes sense for a buyer to use the helpful and knowledgeable services of an experienced agent. Agent's fees are usually paid by the seller as an agreed percentage of the purchase price.
MAKING AN OFFER ON A PROPERTY
When you have decided on the property, the first step is to make a verbal offer through your agent. Negotiations will then proceed until a price is agreed when you should appoint a lawyer to formalize the agreement.
APPOINT AN INDEPENDENT LAWYER
The lawyer, who should be fluent in Spanish and your own language will carry out the necessary checks on the property and complete the legal requirements of the sale. The first check is to obtain from the property registry a "Nota Simple" which will identify the registered owner and provide details of mortgages or embargos on the property.
You should obtain from the seller receipts for payment of IBI (Impuestos sobre bienes Inmuebles), the annual real estate tax. These will show the "Valor Catastral" the assessed value of the property on which your property income tax will be based. Where a community is involved, ask for receipts for community charges.
THE HOLDING DEPOSIT
After the price is agreed and the "Nota Simple" has been checked, you will have to pay a small holding deposit to take the property off the market and reserve it until you can reach completion. Your lawyer will prepare a formal offer and agreement contract for this purpose.
EXCHANGE OF PRIVATE CONTRACT
The exchange of private contract or the signing of an option to buy would normally take place about two weeks after the formal acceptance of an offer, when the lawyer would have completed his searches. The contract would set out all the agreed terms and set a date for completion. It is usual for the buyer to pay a 10% deposit at this stage.
COMPLETION AT THE NOTARY
On the assigned day, buyer and seller (or their authorized representatives) will attend the office of the notary to sign the "Escritura de Compraventa" (the title deed), which should state that the property is sold free of charges, mortgages and tenants. The notary does not check the terms, but solely certifies that the parties have agreed them. At this point the balance of the payment is made and possession passes to the buyer. Your lawyer will arrange payment of taxes and fees, and register your title deed at the property registry.
PROPERTY PURCHASE COSTS
There are three fees to be paid: Lawyers fee, Notary fees and property registry fees. Also there are two taxes, transfer tax (ITP) and "Plus Valia"
- LAWYER FEES: usually about 1% of the purchase price plus 18% IVA
- NOTARY FEES: normally in the range of 300 Euros - 900 Euros
- REGISTRY FEES: approximately 40% of the notary fees
- TRANSFER TAX: 7% of the purchase price, but when buying new from a developer this is replaced by 8% IVA plus 0.5% stamp duty
- PLUS VALIA: This is a local municipal tax and is based on the officially assessed increase in the value of the land since the last time the property changed hands
WHO PAYS WHAT?
It is normal practice for the buyer to pay the above fees and taxes with the exception of the "Plus Valia", which has to be paid by the seller. The vendor will pay his own capital gains tax and also the estate agents fee.