Buying a property

The decision is yours. If the property is in an "urbanización" I personally would let the estate agent do the work.

If it is a country property I would definitely use a solicitor as there are a lot more things to be checked. 

If it's a property in an apartment block in the village I would visit the block and the area a few times, as they can be very noisy.

Good luck, J

Just as you would in the UK irrespective of the property type definitely get your own solicitor and not one the Estate Agent suggests.

Remember the Estate Agent is working for the seller not the buyer.

Thank you

Thank you

Always wise to get a lawyer to check over the contract .   

Thank you

Hi Claire,

Not only should you get your own, independent lawyer (abogado), do not pay any money to an estate agent - their favourite one being the so-called "Reservation fee", usually around €3,000, which has no basis in Spanish conveyancing law.  Should the property vendor insist on this payment, tell them that you will pay it, as an act of good faith, to your lawyer, but not to the estate agent.  Once your own lawyer has completed the necessary property searches and checked the contract of sale, if you decide to proceed with the purchase, you will be required to pay a legally-binding deposit calculated as 10% of the selling price.  Should you subsequently withdraw from the purchase, you will lose that deposit, and if the vendor pulls out, you can claim double that amount; although, in practice, the actual sum is usually negotiated between the respective lawyers.

If the property you want to buy has any additions, e.g. an enclosed terrace that was originally open, advise your lawyer of them to ensure that planning permission was sought by the vendor and that the Cadastre (Land Registry) has been updated to reflect the larger habitable space, as this has a bearing on the amount of "IBI" (Council Tax) that will apply to the property.  Property sales usually trigger a revaluation of any property that hasn't be revalued in the previous 10 years, so if additions are made without permission, any back-taxes (SUMA can go back up to 4 years + penalties) will become your responsibility once you own the property.  By way of example, when we bought our house, the previous owners had extended at first floor level and although done with planning permission from the Town Hall, the addition had never been updated on the Land Register.  I made it a condition of our purchase that the vendors correct the issue before completion, which cost them almost €1,000.

Kind regards,

Kim

Kimmy , the “reservation fee” or putting down an amount to make an offer ,  has been implemented more widely to reduce the amount of people, most often investors looking for potential rental properties,  who put in offers on multiple properties and try to play off against each other to drive down a price.  I can’t tell you the amount of time I’ve wasted settling a price , ensuring all conditions are met to keep the buyer happy and then they “ change their mind” and go buy something else. My boss hates I don’t press for an offer deposit and I can see where he’s coming from. 

It’s certainly something we aren’t used to and it can seem quite a bit “ pushy”for the British reserved manner lol .

 However , if you are serious about the property , you have nothing to lose. If your offer is rejected , you get your money back . If the offer is accepted , it comes off your settlement balance.  A letter head from the real estate on receipt of the deposit , signed by both the buyer and the real estate at the office , make it a binding document. 

Aw thank you so much! That’s really appreciated and very helpful advice Kim

Many thanks 

Claire