If your desire is to buy a property in Spain, it's probably one of the most important investments you and your family will be making throughout his life. The real estate agency will help with finding the house you want to purchase, purchase, offering different possibilities according to your wishes and needs. If you want you can also provide management services for a possible mortgage financing, signing the private contract, signing the deed of sale, management and payment of taxes, submission and registration of the deed in the Land Registry, etc.
Before you decide to purchase and signature of the private document or contract, it is desirable that a legal professional, experienced and trust, will advise and report. Good advice will give security and tranquility. Your attorney will help you check and verify, among other important aspects such as possible registry conditions, fiscal or urban property to be purchased.
You should keep in mind before signing a purchase agreement.
Note that before signing the contract, it is important to review legal aspects of housing, such as:
1. The actual ownership of the property and the state of loads of it.
This information is verified in the Land Registry, through a simple note, that will tell us the name of the holder or holders of the property and the existence of charges such as mortgages, liens, etc. Note that the only ones who can sell real estate are entered in the Land Registry as holders of the same.
2. The urban situation of the property.
This information is verified in the City requesting information about urban classification, so it is found that the property you want to buy is not affected by any development plan or any planning infringement.
3. That there is no tenant in the house.
Check that there is no lease or occupancy situation that may hinder the use of the dwelling.
4. The deed of sale of a property.
The deed of sale will be the final act culminating in the acquisition of housing, currently receiving the keys of the house that gives the possession and becoming its new owner. The intervention of the notary will give you peace and certainty, as it ensures the legality and correctness of the operation.
The notarial advice in relation to the deed of purchase, it will be of great help and will not increase the cost of writing. The notary plays an important advisory work impartially, regardless of who requested his intervention, writes the script according to the common intention of the parties that have signed, gives security and certainty to the content of the document is signed, provides advice and counseling legal if it is requested and ensures the weaker party.
The law imposes a series of obligations notary in the buyer, such as control and review of the documentation, justification of the estate be aware of payments of community and IBI, identification and capacity of the signatories, request a note registration before the signing of the deed, the electronic filing of the writing in the Land Registry, check that the housing is up to date in the payment of fees in the community where you are, etc.
In short, when deciding to buy a home, it is advisable to take advice with the help of a lawyer chosen by you, your trust, estate agency and / or the notary. Your attorney will help you with all pre-purchase and prepare the deed of sale checks. The notary, in turn, will ensure verification of all necessary for the successful completion of the transaction documentation and that the seller is in a position to pass legal ownership.