Fri 1 Apr 2005
You can buy a resale property or a new property . In order to buy a resale property you real estate lawyer (abogado) will have to establish a contract of sale and purchase(contrato privado). You will have to make a first deposit typically 10 % of the sale price. Always, check if the seller has to right to sell , check for debts and encumbrances on the property.
A contract established by an estate agent or other person than a lawyer (abogado) may not be at your advantage .Your real estate lawyer (abogado) will have to check on your behalf some documents :
A copy of the Escritura – the escritura is the deed for the property. It is a record of the property at a point in time. If the property was renovated and enlarged this modification should appear in the escritura.
A copy of the seller passport or residencia (resident card)
A copy of a certificado de empadronamiento (this document means that the seller is resident and register at the town hall)
A copy of bills for utilities, community charges and rates.
Obtain a plan of the house.
This is very important to have all the document such as a copy of bills in Spain, debts are often on property rather than on the person.
Obtain the nota simple
The nota simple is a document from the Land Registry office (registro de la propriedad), it contains all the vital information about the property such as ownership, mortgage, loan or debts, it is a simple version of the escritura. The nota simple establishes that the seller has the right to do the sale.
After, the escritura is signed you will be the new owner, you will have to obtain a copia simple, it is a legal photocopy from the notary (notario) with stamp of what you have signed. The original document stays in the files of the notary (notario), basically you can always get a new copy at a later time if you lost your current copia simple of your escritura , while what is called “la primera copia” (first copy) is sent by the notary to the property register (registro de propriedad). Ask your notary to send the first copy the same day by fax to the property register.
Taxes to pay: based on the escritura publica:
If you buy a dwelling from a promoter, you pay IVA (VAT). 7 % 7% for buying a dwelling, but can be 16% on buying a plot, a garage or a swimming pool, separate from the purchase of the dwelling.
RESALE PROPERTY - Transfer tax 6% (Impuesto de Transmisiónes Patrimoniales)
LAND REGISTRY CHARGES around 2 %
NOTARIAL FEES
LAWYERS FEES



