Buying and selling property in Spain

Ella Imison has nearly 20 years experience in providing services regarding buying and selling property in Spain to both corporate clients and individuals.

  • We obtain a nota informative from the land registry where the property is registered
  • Confirm that the seller is the owner of the property
  • Search to ascertain if there is a charge on the property
  • Ensure that the property matches the seller's description
  • We agree the terms of the purchase with the seller or the attorney such as taxes to be paid and what appliances and furniture are included in the price
  • We draft or review the pre-agreement (the most common of these is called "arras" - if the buyer pulls out he looses the deposit, if the seller pulls out he has to return double the deposit). Alternatively another form of agreement may be made
  • We check that the seller's mortgage (if any) is cancelled
  • If the seller is non-resident in Spain, we ensure that all taxes are paid on the property including the 5% tax on the non-resident property
  • If you do not wish to attend the closing meeting we prepare witness and legalise a power of attorney
  • Ensure that the deed of purchase and sale is registered at the local land registry
  • Help open a bank account
  • Assist with obtaining an NIE - foreigners national identity number - required for all non Spanish persons with property in Spain
  • Advise is given on the necessary taxes to be paid
    For the buyer: transfer tax (impuesto de transmisiones patrimoniales)
    Stamp tax (impuesto de actos juridicos documentados)
    For the seller: local tax (plusvalia)
  • We form Spanish and offshore companies for those wishing to buy property through a company.