Property Purchase Responsibility Chart
Use the below chart to help you through your property purchase. At each step, one or more parties can be involved or will take responsibility.
Can be involved
Can be involved (with power of attorney POA)
The buyer identifies properties they would like to view and along with the agent will view those properties
Once you have identified the property you wish to purchase, inform the agent and agree a price. If the price is below the asking price, then your agent can help negotiate an agreement.
Reserving a property takes the property off the market while you carry out legal checks and qualify for a mortgage if you need finance. A reservation contract should be negotiated by your lawyer to ensure your deposit is protected and you have enough time to complete the checks (due diligence and valuation) and qualify for the mortgage. Deposits range between 3,000 Euros and 1% of the purchase price.
Due diligence is carried out by your lawyer. This involves checking the property is owned by the seller, has no debts and is legal.
This is known as an AIP, agreement in principle. The offer is based on your financial situation and the property you are buying.
If you a buying with a mortgage the bank will require a valuation of the property. The Foxes mortgage team will liaise with the agent or owner of the property to organise an appointment for the valuer. Once the valuer has visited the property, it takes around 4-7 working days to receive the report.
The contract de Arras, or private purchase agreement is a private contract between the seller and the buyer where the sale is agreed. Once signed both are locked in to the purchase and can only pull out with a penalty. Your lawyer will negotiate this contract and if they have power of attorney, they can also sign on your behalf.
This contract should not be signed until the due diligence has been completed, and the valuation and mortgage are in place.
The binding offer is presented by the bank, once signed your mortgage offer is binding. This document will only be issued after the valuation and close to the purchase.
This document needs to be signed in a notary by the buyer or their lawyer. The purpose of this document is to check the mortgage complies with the law and the buyer is fully aware of the conditions of the mortgage.
The final purchase will be carried out in front of a Spanish notary. In most cases, the bank, seller, sellers lawyer, buyer and or their lawyer will need to present for the signing. Once signed the keys will be handed over to the new onwer.
An NIE or Número de Identificación de Extranjero is an identification number that any foreign person who is buying a property in Spain will need to request before they begin the purchase process. You can read more about applying here
You will need to open a Spanish bank account prior to the purchase. Your broker or lawyer can help you liaise with a bank to do this online, however, you will need to visit a branch of the bank prior to the purchase and present your official documents.
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