If we have found a suitable house together then of course we will try to come to a deal. If this is successful regarding price and conditions of sale, then it is important to take the property off the market as soon as possible. For this, a reservation agreement or deposit contract is drawn up. The 3 main components in this are the selling price, additional conditions and the period for which the property can be reserved.

The reservation amount is € 6000.- This is transferred to the account client of Alora Real Estate. Only when the amount is in the account and buyer and seller have both signed the document, the property can be considered reserved and is no longer offered on the market.

The reservation period is usually 1 month (is extendable if the investigation process or arranging paperwork takes more time)

There are a number of reasons for breaking the contract, including: inability to obtain a mortgage, deficiencies in the property register or land registry, or inability to meet the conditions set as additional in the reservation contract.

If the contract is broken under any of the conditions set in the contract then Alora Real Estate will refund the reservation amount to the account of prospective buyer.

As a Dutch buying agent, we are big advocates of choosing a lawyer with an affinity for inland property. We have started a number of collaborations with the right local Spanish lawyers. Generally, they are efficient and correct and they know the way of working in southern Spain. These lawyers can speak to you in English. We can always intervene to clarify certain matters.

After signing the reservation contract and depositing the deposit in our third-party account, the sellers' and buyers' lawyer will have contact together about the property on offer.

The buyer's lawyer will do his research on the legality of the property, he will also check that the property is properly registered in the property register (registro de la propiedad) and in the land register (el catastro) as well as that there are no debts on the property.

Some problems that frequently occur with houses in the campo (this is the Spanish name for outlying area) is that not all buildings are registered in the property register. Subsequent extensions, e.g. outbuildings, swimming pools, etc., were often built in the past without registering them. A Spanish lawyer with experience in the campo can often make a solution for this to still be registered.

Note: a lawyer only checks the documents sent to him. Our lawyers have the option of consulting an architect to check the property on site if in doubt.

The lawyer accompanying your purchase process also aims to check what charges and debts still rest on the property: outstanding electricity, and/or water bills, outstanding taxes, mortgage loans or charges for maintenance of communal gardens and swimming pools (the latter applies in urbanisations).

These charges should be paid by the selling party on the day of the deed at the notary. If this is not possible by this deadline or it appears that it has not been done then the lawyer can demand the necessary deductions from the selling party to pay all outstanding charges on his behalf.

The most important moment is when the file is agreed by both parties. The lawyer drafts the private sale contract which initiates the next phase of the sale process.

At this stage, 10% of the sale price is transferred to the seller's account, this includes the €6,000 already paid from the reservation contract.

The private purchase contract contains all the details of buyer and seller, detailed description of the property to be sold, method of payment, including an exact date or ultimate date by which the notarial deed should be signed.

If, after signing the private purchase contract, you as a buyer should decide not to go ahead with the sale for personal reasons, you will lose the amount paid in advance.

If the selling party does not wish to sell after signing the private sale contract, he has the following obligation: To refund the amount paid -the 10%- and to pay an additional 10% as a penalty.

Check with your lawyer whether this clause is in the private sale contract!
The private sale contract is thus very binding on both parties and aims to perpetuate the sale.

The signing of the notarial deed (escritura) usually takes place within 3 months depending on the type of property one is buying and whether or not one needs a mortgage. Which can significantly delay the purchase process.

The notary's task in Spain is limited to drawing up the transfer deed and registering it in the property register. By the way, this is the reason why in Spain one should additionally hire a lawyer to ensure that the property purchased is legal.

As you have read, the purchase process takes quite some time. Now that the transfer has been made at the notary, you are officially the owner of a property in Andalusia!

Enhorabuena!

A rule of thumb is that when buying a property in Spain, you should add about 11% to the selling price to cover all transfer costs.

(If you need a mortgage then it is best to count on 13 to 15% of the selling price).

Purchase costs are broken down as follows:
- 7% transfer tax (Impuesto de Transmisiones Patrimoniales).
This amount is calculated on the deed price i.e. the declared price.

- 1% lawyer's fees.

This amount is always calculated on the sale price as indicated by the estate agent. You will also have to pay 21% V.A.T. on these services

- Notary fees approximately 0.25% of the deed price.

These are variable and depend on the complexity of the deed. If the property is mortgaged, for example, the cost will be higher.

- Registration fee property register about 0.15% of the deed price.