Once you have found your ideal property on the Costa del Sol and have decided that you wish to move forward with the purchase, the next step would be to draw up a “Reservation Contract.”
A 6,000 Euro reservation deposit will secure the property. The property will then be removed from the market at the agreed purchase price while searches are conducted.
At this juncture we suggest you instruct an Abogado (lawyer) to act on your behalf for the conveyance, which we can arrange for you if you so require.
We will be able to recommend you independent legal and financial advisors to help you feel comfortable with every phase.
A reservation contract is used in Spain as a standard procedure to reserve a property for a specified period of time whilst your lawyer conducts the Due diligence. You may also want to arrange a mortgage during this time. This reservation deposit is fully refundable in the event that your lawyer should discover any legal impediments pertaining to the said property. Should you continue with your purchase after the due diligence the 6,000 Euros will be used towards the purchase price.
What is a reservation contract?
Typically, the reservation contract would set out the basic terms and conditions of the purchase and would then be approved and signed by both the buyer and the vendor. This is a temporary reservation document only. Such a document would include:
Full name of buyer and vendor
Price of the property
Date to sign a “private purchase contract”
Other special conditions (subject to finance)
Deposit amount placed to reserve the property
A 6,000 Euro deposit will secure the property while the “due diligence” is being conducted. This deposit can be paid by credit card, bank transfer. It can be held in a client account or with a lawyer of your choice. The 6,000 Euros serves to reserve the property whilst your chosen lawyer conducts the due diligence and you may also want to arrange a mortgage during this time. This reservation deposit is fully refundable in the event that your lawyer should discover any legal impediments pertaining to the said property. Should you continue with your purchase after the due diligence the 6,000 Euros will be used towards the purchase price.
What happens next?
Once your lawyer has conducted a full and thorough due diligence, he/she will inform you of their findings and discuss moving to a private purchase contract if applicable.
What is a private purchase contract?
A private purchase contract is a contract between the consumer and the vendor, again typically setting out the terms and conditions of the contract. The contract will be prepared by your lawyer and will contain:
A legal declaration from the vendor that he/she is legally positioned to sell the property respectively.
The exact address and dimensions of the property and its features as set out in the “referencia catastral” Government registration of the property.
The completion date and hand over of the keys etc.
The agreed terms and conditions as agreed by the consumer and the vendor.
The buying costs in Spain vary from 10% to 13.5% of the purchase price, broken down as follows:
10% IVA (VAT) on NEW properties, 8% to 10% IVA (VAT) on re-sales depending on price category.
1% Notary fee (Notarisation of property cost).
1% Legal fees (fee charged by your selected lawyer to conduct the due diligence).
1.5% Stamp Duty Tax (tax charged to make all documents legally effective).
If you should require a mortgage, you should calculate an average of 1- 1.5% cost for the setup fee of a mortgage with a local Spanish bank.