Posted: Thu Sep 21, 2023 4:09pm
Hi Kelly,
The "Red Day" you refer to, which falls annually on the 12th October, is Spain's National Day, or Día de la Hispanidad. This year it falls on a Thursday, so if you're planning to view properties on Friday 13th as well, it would be worth double-checking with any estate agents that they will definitely be open on the Friday - it's common in Spain for individuals and small businesses to take a "puente" (bridge) day on Fridays and Mondays, when they fall either side of a Red Day, in order to extend the bank holiday break.
Regarding estate agents, within 100-200m of Casas Manuel's offices are Vincent's Real Estate and also Benigest, so worth checking out their websites too. If you should view a property on which you want to make an offer, the selling agent may ask you to pay a "Reservation Deposit" of, typically, around €3,000 - this is a creation of the estate agency industry in Spain and has no bearing in Spanish conveyancing law. Many agents (including, from personal experience, Casas Manuel) can become quite pushy about you handing this not insignificant sum over to them. Unfortunately, there have been cases of estate agents refusing to refund this deposit if the sale does not proceed. So do not pay any money to an estate agent - if your offer is accepted, you can offer to pay a similar amount to your own, independent lawyer, as a goodwill gesture, subject to them carrying out searches on the property. Your lawyer can add a clause to make the amount refundable in the event that the sale does not proceed; but assuming it does, the amount will be credited against the total amount you owe the vendor.
Once your lawyer is satisfied that the property is ready for sale, e.g. all documentation is current, such as the habitation certificate, energy performance certificate, etc., there are no outstanding debts and that any building additions have been carried out with planning permission and updated at the Land Registry, they will draft and agree the sales contract with the vendor's lawyer, and you will then be required to pay the legally binding 10% deposit. It's at this point that it will cost you money if you pull out of the purchase - if you pull out, you lose your 10% deposit, but if the vendor pulls out, they have to pay you double that amount.
My recommendation for an independent lawyer for your purchase is Silvia of SGM Abogados, on the same road as Casas Manuel in Benijofar:
https://sgmlegalspain.com/
We did four trips to view properties before we bought our house - we saw so many, it was mind boggling, but there are lots for sale, so don't be rushed into anything. Enjoy!
Kind regards,
Kim