Legal aspects to take into account when buying a property in Spain

If you are interested in buying a house, it is very important that you know all the legal aspects of buying and selling a property. In this way, you will make the transaction with more security and avoid legal problems.

Check the legal and debt situation of the property

These steps are essential if we do not want to be surprised:

Request the simple note in the property registry to verify the charges that the house has, such as mortgages or liens. This document can also confirm the number of owners.
Go to the City Council to find out the urban situation of the property, if there are infractions against it or there are urban plans planned in its location.
Request a certificate of the payment status of the community and verify if there are fees or charges pending payment.
Obtain proof of payment of the Real Estate Tax ( IBI ) of the last four years to the owner or corresponding City Hall.
Check the surface that appears in the cadastre and in the property registry.
Confirm that the payments for the different supplies are up to date.
Check if the building has an obligation to pass the Technical Building Inspection (ITE), and the result it has obtained in it.
Obtain information on the legal status of patios and terraces .
Confirm that the home has an updated and valid certificate of occupancy .

In addition, in the case of buying a house off plan, it is advisable to follow the following tips;

Confirm the delivery time reflected in the documentation.
Require the delivery of a quality report before making the reservation payment.
Guarantee with a bank guarantee or insurance all deliveries on account of the final amount.
plan of the house with the surfaces duly delimited be attached to the contract .

Verify the facilities and qualities

In both new and second-hand housing, the ideal would be to have a memory of plans and qualities, although in the second case it is not very common for the owners to have this information.

Therefore, it is advisable to carry out a thorough review of the property, including:

Materials and facilities .
Electrical installation, including plugs.
Air conditioning and heating .
Bathroom and kitchen faucets .
Plumbing and sanitary installations.
Doors and windows .
Paint, floors and walls .
Exterior facilities, such as swimming pool and garden.

To avoid legal problems it is important to look at all the details of everything mentioned above since any damage can cause a serious failure in the home . In addition, existing damage can cause the final price to be significantly reduced.

Reservation contract

If, after reviewing the documentation and facilities of the house, we are interested in acquiring it, it is best to sign a deposit contract that serves as a signal for the purchase.

The deposit contract is a private agreement between a buyer and a seller to formalize a commitment prior to the purchase of the property. This figure is also often called an advance since the signing of the contract entails the delivery of an amount as a signal for the subsequent purchase of the home. The most common in these agreements, the penitential deposit, is that if there is a breach by the buyer or seller, it entails a penalty

Therefore, before signing this document, it is important to be sure that you can afford to buy the property . In case of needing financing, this situation must be included in the contract so that the buyer does not lose the amount delivered as a deposit if the financial institution does not grant the mortgage.

Sales contract

The sales contract is an agreement between two parties whereby the seller agrees to deliver the home and the buyer agrees to pay the price agreed between them. This contract can be formalized as a private document or as a public document, that is, with the intervention of a notary who turns the contract into evidence.

In this contract, in addition to the price, the expenses involved in the operation and the distribution thereof are included . Some taxes, such as VAT or the Property Transfer Tax (ITP), correspond to the buyer and other expenses can be divided between the parties, such as the notary, reforms and spills or the real estate commission. When buying a house it is essential to take into account the legal aspects of the purchase for the transaction to be successful. One of the most important steps is to verify the legal and debt situation of the home through documents such as the simple note or proof of payment of the Real Estate Tax. After carrying out an exhaustive verification of the facilities and materials of the house, it is advisable to formalize the deposit contract for the delivery of an amount as a deposit. After this document, the sales contract is signed with all the details regarding prices and expenses. A good real estate lawyer can help you through this process.

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