NL - Nederlands
FR - Français
DE - Deutsch
Real estate purchase procedure
Once you have found the house of your dreams, it is customary for us to make an offer on your behalf and negotiate on your behalf. This way we can obtain the lowest possible price and with the best conditions for you.
Reservation contract
When you agree on the price and conditions, a reservation contract will be drawn up and you will have to pay a deposit. The amount of this deposit is between €3,000 and €6,000, depending on the purchase price.
This takes the property off the market and reserves it for you until the other conditions are met.
As an estate agent, we have already been able to check the property using the extract from the land registry (nota simple) and/or the project developer has submitted all the documents to us.
It is very important to draw up the reservation contract as soon as possible, because this is the only way to secure the property and reserve it pending the further procedure. You are then legally protected.
It can happen that a house is reserved verbally, but the owner changes his mind and wants more money or sells it to a buyer who offers more. Such situations can be prevented by means of the reservation contract.
'Dutch' lawyer
We always advise all customers to engage an independent lawyer as this is the only way to ensure 100% safety when purchasing.
The reservation contract also gives the lawyer time to do his job, so that he can check the drawn up contract and permits. In Spain, a lawyer does the work that a notary does in the Netherlands. He also represents your interests.
Ilse Jodts Legal and Taxes - Ms. Ilse Jodts (Dutch speaking)
Avenida Canovas del Castillo 12
Marbella (Malaga)
Tel: (+34) 952 766 150
ilse@ilsejodts.com
The Cotta Law - Mrs. Gisele van Meer (Dutch)
Office Mijas-Costa / Calahonda
Centro Comercial Valdepinos 1 y 3ª
Urb. Calypso
Mijas Costa, 29649 Malaga
Tel:(+34) 952 931 781
mijas@decottalaw.net
Preliminary purchase contract
Once all the paperwork has been completed for the lawyer, a preliminary purchase contract (private contract) is drawn up by both parties.
The price, conditions and day for the transfer at the notary are recorded here. This is not mandatory. If necessary, the transfer can also be carried out immediately. It is normal for 10% of the purchase price (minus the deposit) to be paid in advance.
Transfer
At this stage, the lawyer has everything ready to transfer the property free of encumbrances to the new tenants. Any existing mortgage is lifted at the notary and in the presence of the bank or - if desired - taken over. The notary checks the identity and draws up the notarial deed. This is then entered in the register (registro de propiedad).
Purchase costs
Spanish taxes are due on the transfer of real estate. This can be divided into the so-called categories of 'resale' and 'new construction'.
Resale
- 8% transfer tax
- 2% consisting of land registry, stamp duty and notary
New construction
This may also be existing construction that has not yet been described.
- 10% VAT
- 3% consisting of land registry, stamp duty and notary
Rent out
Do you want to rent out your property? Then you can contact our partner Costa Andalucia Holidays.
This Dutch-speaking office takes care of everything from hosting, key management, cleaning, administration, minor repairs, supervision, etc., etc.
Website costandaluciaholidays.com
Partners
SLG Property - official partner of ByNok & Otero
