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At the present time, there are no significant restrictions
to a foreign national purchasing and owning real estate
in Spain. Indeed, foreign nationals are able to purchase
and invest in nearly any type of property to be found for
sale within that country -- commercial, residential or other
types of investment real estate.
When it comes to making the purchase of property in Spain,
many experts maintain that a person is well served is he
or she takes the time (and spends the money) to hire a lawyer
to assist in managing and overseeing the legal affairs associated
with the successful purchase of real estate in Spain.
Once a person identifies a piece of real estate that he
or she is interested in purchasing, the first step in the
purchase process (after an oral offer to purchase has been
made by the buyer and accepted by the seller) is the creation
of a preliminary or initial contract for sale. In Spain,
it is highly recommended that a person makes absolutely
certain that the ownership of the property and any encumbrances
on the property are clearly identified before this agreement
is signed.
In most instances, a preliminary contract is a fairly substantial
and a firm legal agreement. Along with the agreement itself,
a buyer will need to put down a deposit of at least 10%
of the total purchase price. Under the real estate laws
of Spain, the buyer has a more significant burden than is
found in some other countries to ensure that the title to
the real estate has a title that can be conveyed to the
buyer at the conclusion of the sale (clean title). Thus,
there are instances in which a title proves to be imperfect,
in which the ultimate transfer of ownership cannot occur,
and in which the buyer may lose out on the deposit he or
she paid because they simply did not carry out the correct
checks at the outset.
Many people who have experience in dealing with the buying
and selling of property in Spain suggest that foreign nationals
should retain the assistance of a capable lawyer at this
juncture. While Spanish real estate laws are not particular
confusing or difficult to understand, a person seeking to
buy a property in Spain bears a greater due diligence responsibility
early on in the real estate buying and selling process than
do buyers in some other nations.
During the period following the signing of the preliminary
or initial contract, the buyer has the opportunity to obtain
financing and a mortgage loan to consummate the sale and
actually purchase the real estate.
Again, as referenced earlier, the buyer of real estate
in Spain has a bit of a stiffer burden to make certain that
the title to real estate in Spain is clear before he or
she makes a purchase. Additionally, a buyer bears a greater
burden than buyers do in other countries when it comes to
making certain that there are no mortgages or liens from
other lenders on a particular piece of property. While in
most other countries the world over, the burden for "clearing
title" generally rests nearly exclusively with the
seller, such is not the absolute case in Spain.
Unlike in some other countries the world over, the laws
governing the buying and selling real estate in Spain generally
are uniform across the country. There really are no regional
or local differences. (There are some local differences
when it comes to matters relating to municipal taxes.)
The final task in the sales process is the payment by the
buyer of the amount due and owing under the terms of the
initial contract and the conveyance of the deed and possession
of the property from the buyer to the seller.
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