Spanish Lawyer and Solicitor Alicante - attorneys in Spain - property Solicitors - Legal advice -
You can still pay a holding deposit to secure the property and let your legal advisor vet the contract before you sign.
As stated previously, no reasonable vendor will refuse to refund a holding deposit should a solicitor find any legal reason why you should not proceed.
Good estate agents agents will only deal with reasonable and reliable vendors.
All property sales and purchases in Spain must be registered in a local deed registry and the Title Deed (Escritura de Compraventa) must be prepared by a public official called a Notario.
This deed is then signed by both the seller seller and murcia lawyers the buyer in the presence of a Notario.
A Notario is a lawyer who has had special training and passed further examinations to qualify him for his special duties, which cover a large range of legal matters.
Apart from dealing with all property transactions, he sees that Spanish Spanish wills murcia lawyers are correctly signed, witnessed and registered, authenticates important documents and certifies due service of legal notices.
He is a very important official.
The Notario is responsible for seeing that the conveyance deed is drawn up correctly and fully describes the property, and that the purchase price, or an an agreed proportion, has been paid to murcia lawyers the vendor in the appropriate currency.
He witnesses the signing of the deed and collects the fees and taxes.
The deed is then sent to the Land Registry Office where the name of the new legal owner is registered.
It can take some time time before murcia lawyers the Title Deed comes back from the Land Registry Office, and in the meantime an authorised copy is given to the purchasers.
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When choosing a legal advisor you should use an Abogado (Spanish Lawyer) who speaks fluent English.
The purchase contract for a resale property contains details of the vendor and purchaser, the purchase price and method of payment.
It will also confirm that the Escritura de Compraventa (Title Deed) is is in spanish lawyer the name of the vendor and that this will be passed to the purchaser on completion of the sale.
It will also guarantee that the property itself will be transferred free from all encumbrances and rights of third parties and will state who is liable for taxes and costs costs involved in spanish lawyer the transfer.
There will also be stipulations regarding penalties for non-fulfilment of the contract.
The purchase contract for a property still under construction will contain similar details and normally further information regarding ownership of land, building permission, completion dates and the setting up of a community etc.
Often contracts are written in English and sometimes they are in Spanish with an official English translation.
Your Estate Agent should go through the contract with you and clearly explain any details of which you are unsure.
If you are not sure of any clauses in the contract or or have any doubts about spanish lawyer the fairness of the stipulations then do not sign it.
The responsibility for ensuring that the money is retained and paid to the Spanish Inland Revenue is placed on the purchaser and it is then up to the vendor to instruct his fiscal representative to claim claim spanish lawyer the money back if tax is not due.
If the vendor is a resident of Spain, then there is no need to retain the 5% as the vendor would be expected to be making his own tax returns on a regular basis.