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LEGAL SERVICES

Although not compulsory, we strongly advise you use a Lawyer when buying a property in Spain to protect you against some of the pitfalls of buying property overseas. If you do not have your own Lawyer, we can highly recommend one who is based here in Valencia and their fees are very competitive.

The Lawyers we recommend have well-established relationships with local Notaries, Town Halls, Land Registries, banks and other parties involved in the legal side of the house buying process. We have found their service to be both professional and personal. There are no concerns regarding language, as the person who deals with clients day-to-day is bilingual. The support staff are all English, so there should never be a problem if you need to speak with someone.

THE LEGAL PROCESS

Here is an indicative step-by-step guide to how the legal process works here in Spain. This can vary slightly depending on the circumstances and Lawyer involved, so please treat this only as a guide.

1. A bank account is set up by or on behalf of the client in their name.

2. Once the client has chosen a property, the client is usually asked to transfer a deposit for the property into their account and possibly additional amounts to cover third party adviser costs, such as legal fees.

3. The Lawyer will contact the vendor to obtain details of the property and any legal documents relating to it, following receipt of which they can start carrying out the necessary legal checks. These checks normally include:

Contacting the Land Registry to see who is the rightful owner, the size of the plot and built area on the plot and if there are any debts at all on the property

Contacting "Catastro" - the body that measures plots etc. and then calculates the local taxes. They provide the Lawyer with a confirmation of the built area and the plot size, as well as if the land is urban or rustic.

Contacting the local Town Hall, to check that all local rates are paid up-to-date and also check if the area has any plans to build or urbanise or anything else.

Note: If the client is interested, the Lawyer can also organise a structural survey on the property, although there would be additional costs.

4. When all the checks are done, the client will need to arrange payment of the legal fees, if these have not been paid already.

5. The vendor signs the Purchase Contract in the presence of the Lawyer(s) and receives their deposit. At this point a deadline for completion is fixed.

6. When the time comes for completion, the Lawyer will make sure that the client has a detailed breakdown of expenses and therefore knows what money must be in the account in Spain. The money is transferred and the Lawyer will then prepare all the money with the bank, ordering the necessary cheques/cash.

7. Finally, the day for completion arrives and the Lawyer will accompany the client to the bank to take out the money, and then go straight on to the Notary for the final step - the signing of the deeds. At this point, assuming everyone is in agreement, the deeds will be signed and the money and keys are handed over. The property is now yours!

If you would like us to provide you with contact details or have them contact you, please do not hesitate to ask.

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