Intention to buy? Remember this
[] Choose a reliable estate agency.
[] Get help by a solicitor ** Our experience is that local solicitors are preferable, they know the area and the properties. Though we can work with every solicitor who is in charge of the completion we most times work with one of these 2 solicitors, both present in the region.
Rianne Smulders - http://www.smuldersabogados.es/en/ (speaks English, Dutch, German, Spanish).
Victorio Heras - http://www.propertylawspain.com/ (speaks English, Spanish).
** In Spain a solicitor is very important to check out a property. Do not buy without the help of a solicitor. Your solicitor is also important after the sale: If there is something wrong you can fall back on an independent solicitor, which is usually better than to rely on a vendor.
The solicitor can check for you
[] Whether there are any charges or claims on the property
[] Whether there are any outstanding debts. eg. water, electricity or phone
[] If it is not rented out privately
[] If there is no seizure
[] Whether it is built legally
[] Whether you are buying from the registered owner in the land register
[] Whether you buy the freehold
[] Whether you buy in an association of owners with service costs
[] Whether the seller owns the property and has the required papers to sell
[] The Cadastral value of the property
[] The Tax value of the property**
** Tax value
If the purchase price of a property is less than the tax value (not to be confused with the cadastral value), the transfer tax is not levied on the purchase price, but on the value for tax purposes. Many homes are being sold far below the price, and buyers will be later confronted with an additional transfer tax of which they knew nothing, and therefore had not taken into account. Your solicitor can calculate for you what the total transfer tax to be paid will be.
What paperwork should the solicitor collect
[] The Previous Title Deed (Escritura Publica)
[] A copy of the real estate tax (IBI)
[] Certificate of registration in the land register (Nota Simple)
[] Cadastral Registration (Referencia Catastral)
[] The Energy Performance Certificate (EPC)
[] Latest bills water and electricity
[] Passport buyers
[] NIE/DNI buyers and sellers