Once you have found the ideal property on the Costa del Sol and have decided that you wish to move forward with the purchase, the next step would be for Sunflower Estates to draw up a “Reservation Contract”.
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.
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 in various ways, but most used is bank transfer, it can be held in the Sunflower Estates company 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, we have a special relationship with La Caixa in Sabinillas and can guide you through this process if needed.
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 agreed terms and conditions as agreed by the consumer and the vendor.The completion date and hand over of the keys etc that is the date you are a home owner in Spain!
Allow approximately an additional 10 -12% of the purchase price for costs and expenses. (The Spanish national average is 11%).
Cost involved are:
- a) Property transfer tax (IVA): for re-sales below 400.000€ you pay 8%, above this amount it becomes 9%. If you buy straight from the developer (if new build) you pay 10% or above 700.000Euros you also pay a 10%.
- b) 1% - 1.5% for Stamp duty and notary costs: The notary is a public official who is present at the signing of the Title Deeds to make sure both parties agree and understand the Title Deeds that are being signed. We can offer basic guidance regarding the property purchase process however we always strongly recommend you use a lawyer in all property transactions, they have the legal knowledge and skills to guide you throughout the process.
- c) Lawyer fees: usually 1% of the purchase price. They will provide the legal guarantees for the purchase of the property ensuring that Spanish legal requirements are met and that the property is bought free of encumbrances, charges, debts and is up to date with all its payments of local contributions and community charges.
- d) Mortgage costs: if you need a mortgage, we can recommend local banks. The bank will charge their additional costs.
Below we have compiled a list of the most commonly requested services. When moving or vacationing in a new country, there could be a learning curve to “how things work in Spain” We are here to assist you with any requests you may have and will direct you to only the most reputable of companies.
Property and Health insurance
Arrangement of NIE number
Home Cinema, Sound / Vision / Control
Contracting water & electricity
Advice on Schools and Banking