Buying Property in Spain - Contract Issues

Contracts




Here's a brief summary and the problems you can get.



The 3 usual stages during the purchase process are:



1. The reservation fee Often the estate agent or seller will ask for a reservation fee of anything up to 5% of the price.



In my experience, both as a buyer and a seller, this is a complete waste of time. The only instance it's necessary and useful is when you're buying off-plan.



If you're buying, then unless you have a proper contract it's too easy for someone else to come along and beat your offer. You've then got the hassle of trying to get your money back. If you're selling it's the same; without a formal signed contract and at least a 10% deposit you've got nothing.



2. The private contract (contrato privado). This is drawn up by your lawyer, if you've any sense (some estate agents will offer to do this for you - forget it, you don't ask your lawyer to sell your house, do you?) Basically it states who is buying what; from whom; for how much; what the timescale is; what conditions are attached; what deposit is to be paid.



When the seller and buyer sign this contract the buyer hands over the agreed deposit. Spanish law is good here in that if the seller drops out of the sale they have to pay you back double the deposit.



3. The Sale Contract (escritura de compraventa) This is the important one which both buyer and seller sign together in front of the Notary. This then gets covered in loads of official stamps and stickers, becomes your public title deed (escritura pública), and is registered as such at the Land Registry...eventually. I've just got mine back, one year and 10 months after buying!



You don't have to go through all the stages. Sometimes you can go straight to the Notary; a lot of sales don't even do this, they're just private sales completely bypassing officialdom and therefore saving money. The problem here is the property won't be officially registered in the new owner's name.



People do this to avoid tax, lawyer's fees and Notary fees, but it comes back to haunt them when they want to sell on, because they can't prove officially and publicly that they own the property.



Most land and village houses are like this. The ones with proper deeds and clean title are the exception not the rule, which is why you need a lawyer to sort it all out for you.



The author moved to Spain in 2003. He has built his own villa, bought and sold land, and refurbished a village house. He knows only too well the perils and pitfalls of buying property in Spain.



http://buying-property-in-spain.com



Article Source: http://EzineArticles.com/?expert=Iain_Stevenson

Coming Up For Air in Spain

For years the discerning Spanish have watched on bemused as tourists flock to the eyesores of mass tourism, which to be fair they themselves have created to entice us in to soak up the sun.

They themselves then confidently pack their bags and head deep into the "real" Spain, where the truly glorious countryside of this amazingly diverse peninsula awaits them. Now we are starting to follow suit. In spite of the severe crisis in which Spain finds itself, rural tourism has experienced rapid recent growth and a significant trend towards active holidays for all the family. As the world tightens its belt we can all be forgiven for feeling the asphyxia of our everyday surroundings and stress, as more and more escape out to the unspoilt countryside.

The country houses "casas rurales" and boutique hotels "hoteles rurales" on offer, all of which reflect the genuine history and character of each region, open the door to a quality and above all genuine travel experience. The Internet has let the world know just how simple it is to soak up the real Spanish countryside. These private owners have found the means to bring us to their door. How lucky we are!

Where do you start on your journey? Each province offers a cultural experience as diverse as the landscape. There is the delightful Asturias, a pocket of "Green Spain", with its traditional farmhouses and country cottages dotting the slopes and valleys of the magnificent, snow-capped Picos de Europa. Contrast this with the heat and passion of the Moorish Andalucia or the splendid volcanic landscape, medieval villages and spectacular Pyrenean National Parks of Catalonia. It just goes on and on...

Follow the Spaniards' lead and enjoy their countryside in the finest of farmhouses, country cottages or exclusive rural hotels. The quality and personality of these refurbished country houses for the price per person can leave you searching for the catch; there isn't one! Add to this the chance to live and breathe the agricultural Spanish life, the latest trend in "agrotourism", and you can find yourself in a bull rearing "Posada Real" in Salamanca, traditional working farms in Navarra, an Andalusian Equestrian Homestead, a grape picking holiday in Rioja and so it goes on.

Or quite simply, you and your family and friends get to enjoy the quality of a fine Spanish home, with your own private pool, mountain bikes to explore the Iberian countryside or a roaring fire at the end of a day on the pistes; all at an exceptional quality/price ratio. Enjoy!

Karen Denny Bernat is a Travel Writer who has been living in Spain for the past fifteen years, writing on the wealth of potential for Holidaymakers in Spain and co-founder of Casas Rurales Europe; a selection of quality and diverse rural accommodation throughout Spain with Online Booking. Reserve your own breath of Spanish fresh air online now.

Article Source: http://EzineArticles.com/?expert=Karen_Denny_Bernat