You may be told by the seller that ‘there are many offers’ or ‘this property is a magnificent opportunity’. This may be true but don't sign or commit to anything before taking independent legal advice.

At the outset, request a copy of one of the following documents:

• Deed of ownership
• Nota Simple
• Property Registry Data
• Catastral reference

Any of these will suffice and with this information we will make preliminary inquiries about ownership, charges, mortgages and the accuracy of information on the Property Registry.

We will the let you know the legal situation based on the answers to the enquiries we make

In addition, and almost as important as the above, we will prepare and send you details of all anticipated expenses, taxes and fees you need to budget for if you decide to go ahead with the purchase.

When you know that the legal facts match the sales information you can make an offer and reach an agreement. After this agreement we will request other additional documentation from the seller and will check the status of local taxes, community charges, energy certificate, etc.
At the same time we will prepare the contract of sale and set a timescale to formalise the public deed of sale. Even though it is not a mandatory rule, when the private contract is signed, a payment on account is made. This payment is usually set at around 10% of the agreed price.

Once all the formalities are finished we are ready to Complete the purchase. This involves the signing of the Public Deeds and paying the funds required.

We will need for you to indicate if you want to attend the notary or if you prefer that we represent you at the time of formalizing the purchase. In either case it would be preferable for you to grant us a Power of Attorney. This will enable us to act on your behalf in all aspects of the purchase and beyond (click here for explanation of the POA).

At this time it is essential to apply for the NIE (Foreigners Identification Number) and to open a current bank account.

The need to open a current account is not so much to facilitate payments at the time of signing, it is to be able to set up direct debits for water and electricity charges, community fees, and local taxes etc.

Once all is done and the last checks on the property have been made, a date is set for the signing of the public deed of purchase.

At Ferrández Solicitors we offer a full and complete service. Therefore it is us (and not the notary or any management company) who will take care of everything related to the registration of your deed at the Land Registry. We collect the authorised copy from the notary's office, prepare and pay the transfer tax (ITP) or the legal documents documented tax (IAJD), notify the City Council and pay the Tax on the Increase in the Value of Urban Land (IIVTNU) and we present the deed at the Land Registry. In addition we also change any water, electricity and Internet contracts etc. We also set up the necessary direct debits of the annual local taxes and take any other necessary actions so that our clients do not have to bother or worry in this time.

It usually takes between four to six weeks to reach this point. Once concluded we let you know and, if possible, arrange a meeting between us. The purpose of this meeting is to provide all the documentation related to the purchase of the property and to repay to you any excess of funds or settle any difference due to us. In general we allow for the maximum but there are expenses such as notary fees and registry charges that are estimates and there may be differences at the end.

Once the purchase is completed you would be forgiven for thinking that our work ends there. However, there are other things you may want to consider, such as the making of a Spanish Will and the annual submission of Non Resident Taxes. You may also wish to discuss becoming Spanish Residents.