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BUYING PROCESS

BUYING PROCESS

 

With the help of our profesional team you will have access to the entire range of properties on the market, either resale properties or new developments.

We have a multilingual expert team to offer you the best service and advice to find your dream home on Costa del Sol.

Once we have achieved it, the following steps in the buying process will be the following ones:

Reservation document

 

The reservation document includes the price agreed between the parties and the terms and conditions of the agreement.

This document confirms the payment of an earnest money deposit, usually 6.000 €, for the reservation of the property. Once this payment has been made and the document is signed by both parties, the property is automatically off market.

From that moment the property will no longer be shown to any other client.

However when signing this document, it´s always indicated that the agreement is subject to paper work being legal. So if there is any legal issue and consequently a fail sale for causes due to the vendor, the agreement could be cancelled and the deposit would be returned to the buyer.

Legal advice

 

To simplify and help you through the whole buying process, we take care of everything, don´t worry! Our legal team with over 30 years experience selling properties everywhere or with your own lawyer, we carry out all legal process to verify the property status and get all the documentation needed of the sale:

 

  • All the documentation relative to the property.
  • Existence of possible debts and/or charges and encumbrances on the property.
  • Fees and costs relative to the property such as IBI, Rubbish and Community.
  • Availability of First Occupancy License (LPO) or non infraction certificate.
  • Obtaining of NIE number (Foreigners Identity Number) in case you don´t have it and you are a Non Tax Resident in Spain.

It´s worth to mention that if you can´t be present to sign all the documentation needed during the buying process because of work reasons or any other one, it is suggested that you grant a Power of Attorney to your legal representative.

 

Private purchase contract

 

Once the previous step (Legal advice process) has been completed, you can proceed to the sign the purchase contract, which will set out all terms and conditions of the sale, including final completion date.

When signing this contract, 10% of the total price will be paid to vendor and the balance will be paid at final completion in the notary as long as it´s a resale property.

If you buy a brand new property, this porcentage will be from 20% to 40% + VAT (currently 10%) of the purchase price.

Title Deed signing (Final completion)

 

Both parties meet in the notary chosen by the buyer to proceed to sign the deeds.

In this act the buyer pays the balance to the vendor (take a look section 5 below indicated) and at same time take place handing over of keys to the buyer.

 

CONGRATULATIONS FOR THE PURCHASE OF YOUR NEW HOME!

Buyer taxes and expenses relative to the sale

 

As general rule, the taxes and expenses associated with the purchase of a second hand property (Resale property) in Spain are at around 10% on top of the purchase price.

In the purchase of a new brand property (new construction) the taxes and fees to be paid are higher than in second hand property: 12,5% or more.

 

They are described in detail below:

Second hand (Resale property):

  • Property Transfer Tax (ITP), is a regional tax and in Andalucia currently the tax rate is 7% (until end of 2021). In 2022 the tax rate will be again the 8%.

There are 3 variables since this tax is paid by price ranges:

  1. Properties up to 400.000 €: 8%
  2. From 400.000 € to 700.000 €: 9%
  3. From 700.000 €: 10%

If you are a Tax Resident in Spain, under 35 years old and the purchase is as permanent home, the tax is reduced to 3.5% if the property purchase value is less than 130.000 €.

For those people who are over 35 years old, Tax Residents, who buy property in Andalucia as permanent home and the value of the purchase is not over 130.000 €, this tax is reduced to 7%.

For disabled people who are Tax Residents in Spain, the tax can be reduced to 3.5% if the purchase price is up to 180.000 €.

For professionals and real estate companies, the tax is 2% if the property is resold within the following 5 years.

Purchase costs:

  • Notary´s costs
  • Costs of the Property Registry for the registration of the sale.
  • Costs of the law firm or consultancy chosen by the buyer for legal aid.

Notary and registration fees are mandatory. The use of the legal advice is voluntary for the buyer.

These expences are usually approximately 1,5-2% of the purchase price.

If you need financing for the purchase, your bank will inform you about the costs regarding the mortage.

 

New construction taxes and expenses:

 

  • 10%. Value Added Tax (VAT). This tax is paid to the developer together with the purchase price.
  • Actos Jurídicos Documentados (AJD). Regional tax which in Andalucia is currently 1.5% of the purchase price and is paid by the tax form 600. This tax includes reduced rates for people under 35 years age, people with disabilities, members of a large family and buyers of a habitual residence with different price limitation (more information on the website of the Junta de Andalucia: https://www.juntadeandalucia.es).
  • Estimated 0.5-1% of the purchase price for the notary and property registration.
  • Estimated 1-3% for mortage expenses. –AJD (1.5%) on the loan amount plus mortage expenses in case the buyer needs financing to buy the property. Nowadays most of the mortages expenses are assumed by the bank.
  • Costs of the legal advice are approximately 1% + VAT of the purchase price. The use of this service is voluntary for the buyer.