The purchase of a newly built property in Spain or one that has never been inhabited is easier than when the house is under construction, but it also has some requirements to be met and this is why the intervention of a lawyer expert in real estate is always needed.
The first thing to keep in mind is that prior to the signing of the purchase contract, a preliminary or deposit contract is usually asked either by the real estate agency, either by the developer or by the seller.
It is a brief document in which the parties state their decision to sell or purchase the property, set a price and a short time for signing the contract, which if it is not fulfilled, the buyer will lose the paid money or the seller will have to refund the amount doubled.
Even if this document is simple, it is very important because it could be used to introduce any clause that could complicate the purchase later.
Before signing this document, you must always demand the proof of ownership of the seller, as well as the proof of representation of the person who sells on behalf of the owner, which can be a real estate agent or similar entities.
Keep in mind that it is not the same paying to the representative person or agency than paying to the owner, so you have to be careful with whom you are giving your money in order to avoid future unpleasant surprises.
If the purchase progresses, then the private purchase contract will be signed and the piece of advice that I always tell to my clients consists of having the minimum prevention of visiting the house in order to know the conditions of the property that they are buying. Maybe you are surprised about this, but more than once we have had customers that had bought something different than what they had thought.
The private contract requires the intervention of a lawyer because this document will set the definitive conditions of the purchase.
Before signing it, a whole series of documents must be required to the seller, be it the owner, an agency or the developer. You have to demand among other things the first occupancy license (lincencia de primera ocupación), which is essential and without it you must not sign the contract.
Of course it is also crucial that the person who sells the property is the owner registered in the Property Registry and this document will also show the legal status of the property, in order to know if it has seizures, mortgages, leases and so on.
On the date of signing the purchase deed, you will also need a lawyer to monitor that the final document corresponds with the previous agreement. Of course the deed will include all legal requirements in order to avoid future surprises for the buyer regarding possible debts.
Our law firm has been providing real estate counseling services for many years. The high number of lawsuits against developers, real estate agencies, private sellers, etc. has been so important that our team of lawyers has become expert in resolving all the incidents that may occur since the signing of a purchase contract.
This experience is what helps us when it comes to reviewing the contracts and requiring the inclusion of those clauses that we have proved over the years that guarantee a safe investment in Spain for the buyer.
Please, do not hesitate to call us and request an estimate of costs. Call us at 0034 965921853 or send us your enquiry clicking here, we will immediately answer you.