Purchase Guide
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Introduction
| First step
Buying
a new property is not an easy task. This useful guide
will show you all necessary steps to be taken when
you decide to purchase a property. Should you also
need a mortgage loan, here you will find all explanations
and basis needed to obtain good credit facilities.
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Previous
to the sign... | Second
step
Once you have chosen your property
and reached an agreement on price and conditions with
the seller, you might state those conditions on a
kind of private contract subject to a deposit or an
option to buy. If so, there are certain aspects, which
shall be taken into account.
Before
signing any private document it is convenient to check
the situation of charges of the property, by obtaining
an extract from the Land Registry. It will certify
thus the ownership of the dwelling and you will also
know whether there are land charges or encumbrances
on it.
All
purchase details stated on the contract should be
as accurate as possible, as this document represents
both parties commitments (names and surnames, corporate
names, complete description of the dwelling, type
of contract, agreed price, way of payment...).
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Legal
advice | Third
step
Considering
the importance of a purchase it could be advisable
to contact a solicitor, who can give you advice on
the contents of the contract. |
Ownership
| Fourth step
As
above mentioned, the first step to take before purchasing
is to check the ownership and charges at the Land
Registry. You should apply for an Extract, which certifies
that the seller is the real owner and also states
any mortgage loan, lien or encumbrance on the property.
This
search at the Land Registry gives you safety as buyer.
Extracts should be obtained if you apply for a mortgage
loan or even if not. Nevertheless, should a bank be
involved, it will require it and, if you wish, it
will manage the search itself.
Should the property acquired be encumbranced with
a previous mortgage or any other charge, those must
be cancelled by the seller, both financially and at
the Land Registry. This can be done before signing
the purchase Deeds or in the same act. It is important
to emphasise the above, because should the purchase
be completed without having cancelled charges, then
you will be liable of the costs. |
Signing
of Public Deeds
| Fifth step
Once
the binding contract is accepted, both parties shall
sign the Public Title-Deeds. To do so, certain documents
are required: the owner's previous Title-Deeds and
the last Rates receipt.. Purchase and sale conditions
should also be stipulated. They use to be the same
as privately agreed, if so was done.
Normally both the purchase and mortgage Deeds are
signed in the same act before the Notary Public. You
should check if the latter contains all statements
agreed with the bank on the binding contract.
It is advisable that the Notary Public also checks
that the information about ownership and land charges
has not changed since the first Registry extract was
obtained.
Documents required for completion at the Notaries:
BUYING
PARTY
Personal identity/tax numbers
Marriage articles, if necessary
SELLING
PARTY
Personal identity /tax numbers
Previous Title-Deeds
Last Rates bill paid
Certificate, which certifies that all community fees
are up to date.
Most credit entities grant the loan at the signing
of the purchase Title-Deeds, so that you can complete
payment to the seller.
Under the Spanish law, the mortgage guarantee only
becomes effective as Title-Deeds have been lodged
at the Land Registry. Therefore, both the mortgage
and purchase Deeds should be inscribed at the Land
Registry after taxes have been settled.
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Notary,
consultancy fees | Sixth step
Land
Registry
For resales:
Transfer tax (ITP): Real rights
For
new promotions:
Value Added Tax (VAT: 7%): for those private housing
partly financed by government and built by promoters,
the tax is 4%. In the Canaries, this tax is named
IGIC and in Ceuta and Melilla, it is IPSI.
Stamp Duty: in those cases where VAT is required,
the tax is 0,5% in most regions in Spain and 0,5%
in certain areas subject to a privileged jurisdiction.
All taxes are based on the value stated on the Title-Deeds.
After the purchase, municipal capital gains should
be settled generally by the seller. |
Mortgage
expenses - Seventh step 1.-Banking
Banks
charge a commission, which includes all costs resulting
from the mortgage granting: it is named the "Opening
commission". It is a percentage on the amount
borrowed, which the borrower should pay as the loan
is paid into the account.
Commission on early cancellation is a percentage on
advanced payments. It should be settled just as the
loan is early paid off. Under the Spanish law, on
those mortgages for which changeable interest rate
is stipulated, the commission should not be over 1%.
All credit entities should notify these percentages
to the National Spanish Bank.
Further costs do not depend on the bank:
2.-Valuation
It
is done by a third entity in order to establish the
market value of the property.
For habitual properties, banks do not use to lend
over the 80% on valuation. For other properties, the
amount borrowed does not exceed the 70%.
The valuation cost uses to be around 150-250 Euro.
This payment is required even if the mortgage is not
granted.
3.-Granting
As the purchase, the mortgage loan should also be
granted before the Notary Public and the Deeds lodged
at the Land Registry. Both Deeds use to be signed
at the same time. Notary and Registry fees are also
required for a mortgage loan.
4.-Stamp Duty
It is based not on the amount borrowed, but on the
Mortgage Liability (this figure results from adding
a percentage on interests, costs and expenses to the
amount borrowed). The mortgage liability fluctuates
between 170% and 300% on the amount borrowed, depending
on each credit entity. |
After
the signing | Eighth step
Should
you wish to obtain a copy of the mortgage and purchase
Deeds, you may ask for it at the Notaries, where you
signed them.
Nevertheless, the bank consultants will deal with
all paperwork in order to lodge both Title-Deeds at
the Land Registry.
As above mentioned, there are certain costs resulting
from granting the purchase and mortgage Deeds, These
fees do not depend on credit entities: notary and
consultancy fees, taxes… Therefore, on completion
you should give your consultants a provision of funds
for paperwork costs.
Should you have overpaid -it is usual- you will be
refunded to your bank account. Should your provision
not be enough to cover costs, you will be charged
an additional amount.
Once the Title-Deeds are collected from the Land Registry,
you will get the original purchase Deeds, a copy of
the mortgage loan and also the receipts, which have
been paid.
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