Legal Services

Once you have decided to purchase a property, it is important that you are completely certain of your legal position and the legal position of the seller of your intended purchase. From many years of experience, one of the most important elements to a successful and smooth sale or purchase is finding a good lawyer.

We have retained the services of what we would consider the best property lawyer on the Costa Del Sol. He has represented many of our previous clients. They will conduct a full search on the property in question, making sure that there are no claims or debts against the property and that title passes freely to you.

They will also assist you to open up a bank account, set up standing orders, arrange all the necessary documentation, accompany you to the notary and finally, to set up a Spanish will.

Purchasing advice

Vega Realty is a family company who take pride in helping you through the whole purchasing process before and after the sale and prior to purchasing a property in Spain you will need the following:

  1. A bank account in Spain. (To open an account you will be required to show your passport) if you are unsure of which bank to use we can supply you with a list of Spanish banks that speak English and, if required a personal introduction.
  2. Foreigners Identity Number ( N.I.E.)

To acquire this document you will have to present yourself at the local police station with your passport and a copy, the completed application form plus a copy. We are happy to assist you through this process and collect your NIE documents once they have been issued.

Holding deposit

Once you have found your dream home in Spain and the terms of purchase have been agreed with the vendor you will usually be required to pay a holding deposit, which will remove the property from the market and reserve it in your name for up to one month in order to give your legal advisor or lawyer time to check that all legal documentation is correct. The holding deposit should be paid to your lawyer or legal advisor, who will then prepare a reservation contract on your behalf and the deposit will be passed on directly to the vendor.

Private Purchase contract

Once the title and legal documentation has all been checked and your lawyer is satisfied that everything is correct, he will prepare a private purchase contract and you will be required to pay a deposit of 10% of the purchase price less, the holding deposit. This deposit is non refundable if for any reason you should fail to complete on the purchase, however if for any reason the vendors should decide not to complete they will be required to refund you the 10% deposit, plus pay you compensation of 10%.

If you require a mortgage on the property, the survey will be carried out and you should be in receipt of a formal mortgage offer prior to the signing of the private purchase contract.

Completion

Completion takes place at the notary's office and both vendors and purchasers would normally be present, if for any reason this is not possible you should give your lawyer power of attorney to enable him to complete on your behalf. It is at the notary's office that you will be required to pay the balance of the purchase price and sign the title deed. Once this has happened you will be handed the keys to your new home and the property is legally yours. Again, we are happy to accompany you to the notary to assist you through the process and to answer any questions that you may have.

Costs of purchase

You should allow approximately 10% of the purchase price to cover all legal fees, notary fees and registry fees and transmission taxes. If you require a mortgage, you should allow up to an additional 2% to cover additional notary fees, taxes and mortgage account set up costs. Contact us for further details.

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