Solicitors, Notario, and Surveys, - The Process…
The Spanish legal system is different to Britain, Germany, and many other of the EU countries, solicitors will make checks and enquiries on your behalf, in which case the whole process is little more troublesome than buying a home elsewhere.
IT IS STRONGLY URGED that you do appoint a solicitor to make these checks. Advice can be given by ourselves on trustworthy, experienced solicitors in the region who you can appoint, should you wish.
Problems can arise when prospective buyers decline the use of solicitors, and later find legal complications which affect their ownership rights. As with any property purchase, it is prudent to have a survey carried out, which we will be please to arrange for you.
Having instructed a solicitor to handle the purchase, you have the reassurance that all the important aspects will be covered.
- The title of the property is checked
- The person selling the home actually owns it
- Whether there are any charges on the property
- Building licences and permissions are in order, where applicable
- Finally, the terms and conditions stipulated by the seller are checked for fairness
A report of the findings is then compiled for you to consider, before proceeding with the purchase. If you decide to proceed your solicitor can then arrange:
- For transference of the title into your name (Escritura process with Notario)
- For any fees and taxes to be paid
- For the title to be registered with the Government Land Registry
Escritura - The title deed, proving who is the owner as well as describing the property in detail. The Escritura is signed once you are satisfied with the preliminary investigations and arrangements for payment have been made. You may either attend the signing in person or appoint someone as Power of Attorney to attend on your behalf. The Escritura is signed in the presence of the Notario.