Use The Right Agency
It´s important to use a good agency from the start. Try to get recommendations from friends, or perhaps compare services on the internet. There is no need to register with 100s of agencies, as most agencies share properties, and so can show you exactly what you want. By registering with Coast Group, you are in fact registering 200 agencies!!
You are free to send us a list of properties from other websites, and we can arrange to view these properties with other agents.
Use a Good Lawyer
A good efficient lawyer saves time, and some of the pitfalls during the sales process. Maybe ask a friend who has bought? Or your agent should be able to recommend a reliable one. Coast Group use a selection of professional lawyers, and will be happy to recommend them to you depending on your type of purchase.
Once you have chosen a decent Estate agent, who has proven knowledge of the property market, you can begin to search for your property; maybe a Penthouse in Marbella? Or a Villa in Elviria? We have a property selection large enough for all tastes and needs!
A qualified agent understands his client´s needs, and will only show suitable properties. He/she will know the areas to invest in, and try to get the most for your money.
Request Correct Documentation
When you think you have discovered the right property, make sure you see all documentation attached to that property. You will want to see all the outgoings including charges imposed by the Town Hall, community fees, charges for waste collection, water rates, electricity charges, and Property Income & Wealth Tax. Costs for each property can vary tremendously, and so you should know from the start before making any decisions. We make sure all documentation is provided before listing ANY property.
Once you decide to move forward with the purchase of a property, you can reserve the property with a refundable deposit (usually 6,000 €) that takes the property off the market, and allows negotiations, and the appropriate checks by your lawyer to take place. Usually, contracts are exchanged between 10 and 15 days after this time.
Due diligence should be carried out by a professional lawyer. There are many excellent English speaking lawyers in Spain. Your lawyer will then make sure all legal requirements are met, and that the property is correctly registered in the vendor´s name, and free of any mortgages, charges, encumbrances, debts or other liabilities. Any further terms will be negotiated between your lawyer and the vendor´s, such as completions date and method of payment. They should also assist you with bureaucratic necessities such as opening a Spanish bank account, and applying for an NIE number.
Private Purchase Contract
Once the legality of the purchase has been verified, both sets of lawyers will draw up a private purchase contract. At this point, a further 10% of the purchase price is usually paid. This deposit is not usually refundable. This works both ways, as the vendor will then be liable should they fail to perform their obligations. This allows you to claim damages or to demand the obligatory fulfillment of the contract.
New development purchases usually have a higher percentage at exchange of contracts – between 20% and 30% (plus 10% IVA on that payment) There may be additional staged payments during construction, but this is dependent on terms agreed with the developer.
On the day of completion, your lawyer will visit the Public Notary to sign the Title Deeds, making the final payment to the Vendor´s lawyer, who will then pass over possession of the property to you, with keys.
The sale is then complete, and your lawyer will send the original title deed to the Land Registry to be updated with your details. Any utilities and services such as water & electricity are then transferred over to your name.
The purchase of a property in Spain will involve the following expenses:
1.1) 8% IVA/transfer tax on the purchase price for properties up to €400,000.
1.2) 9% IVA/transfer tax on the purchase price for properties from €400,001 to €700,000.
1.3) 10% IVA/transfer tax on the purchase price for properties from €700,001+.
These figures are for resale properties – this rate increases to 16% if you are purchasing plots of land, commercial premises, or garage spaces.
2) 1% legal fees (plus IVA).
3) Approx 2% in stamp duty, notary and land registry fees.
If you raise finance in Spain, there will be an additional 2% to 3% of incurred costs. These fees cover the mortgage arrangement fee and additional notary and land registry fees. This raises your purchase costs to 14 to 15% of the purchase price.
Plusvalia tax is calculated by the Town Hall and is based on the area where the property is located, surface area land, cadastral value, and the date of the last sale or property transfer. The legal responsibility to pay this lies with the Vendor, but this can be negotiated between both parties.
Once everything is officially completed, we recommend drawing up a new will, so that your financial affairs in Spain are completely clear.
If you have any queries, or would like to be put in touch with tried and tested, professional law firms, please contact us on +34 633 633 519.