Property Sales and Purchase Management

Property Sales and Purchase Management

Buying or selling a property is a significant step that requires precise legal precision. At Legal Boutique Ibiza, we guide you through every stage of the process, ensuring a safe, smooth, and legally secure transaction.

 

  • Review and Drafting of Sale and Purchase Contracts

 

  • Verification of Liens, Charges, and Property Status

 

  • Assistance in Negotiation and Signing of Deeds

 

  • Full Management of Notarial and Registry Procedures

While the real estate sale and purchase process may seem complex, our expert team ensures that each step is carried out with maximum legal security and convenience for our clients. Below, we outline the key stages of the process:

 

Power of Attorney

 

To allow us to act on your behalf throughout the process, you will need to grant a power of attorney to our legal team.

 

  • If you are in Spain, this can be done at any notary’s office.

 

  • If you are outside of Spain, you can grant the power of attorney at the Spanish embassy in your country or before a local notary. We will provide you with a model power of attorney that you will need to sign.

 

  • If the power of attorney is issued by a foreign notary, it must be legalised with an Apostille under the Hague Convention to ensure its international validity. Furthermore, if required, the document will also need to be translated by a sworn (official) translator.

 

 

Likewise, a certified copy of your passport will be required:

 

  • EU Citizens: Only the first page of your passport is required.

 

  • Non-EU Citizens: A certified copy of all pages of your passport (including blank pages) is required.

Signing of the Reservation Contract or Deposit Agreement (Contrato de Arras)

 

  • The Reservation Contract is a simple document used to temporarily block the property from the market, preventing others from purchasing it.

 

  • The deposit agreement (known as “Contrato de Arras” in Spain) is the most important contract in a property transaction. It formalises the seller’s obligation to sell and the buyer’s commitment to purchase. This agreement outlines all the essential terms of the transaction, including the maximum deadline for signing the purchase deed before a notary. In case of non-compliance by either party, a penalty may apply.

 

Typically, a deposit amounting to 10% of the total purchase price is paid at this stage, although the percentage can be adjusted by mutual agreement between the parties. This payment can be made via bank transfer, whether from a Spanish account or from an international bank account.

 

Our firm can sign the deposit agreement on your behalf, ensuring that all terms and conditions are respected.

Request for Information and Documentation

We handle all communications with the buyer, seller, and real estate agency to collect the necessary documentation. Our goal is to verify that everything is in order before moving forward.

 

  • We ensure that the property dimensions match the records of the Land Registry and Cadastre and that there are no discrepancies with its current physical status.

 

  • We verify that the sellers are the rightful owners of the property and that there are no pending inheritances or other legal claims.

 

  • We check that the property is free of financial charges, debts, and encumbrances, and we ensure that any existing charges are settled before the sale.

 

  • We check for any open urban planning issues, occupation licences, and pending urban planning files.

 

  • We ensure that the property has access to essential utilities such as electricity and water.

 

In short, we carry out a thorough check to ensure that the property is problem-free and ready for sale.

Additional Procedures: obtaining a NIE, opening a bank account in Spain, registration with the Spanish Tax Authority, mortgage management

We will help you manage other formalities necessary for the purchase, such as:

 

  • Obtaining a NIE (Foreigner Identification Number)

 

  • Opening a Bank Account in Spain

 

  • Registration with the Spanish Tax Authority (Hacienda) to ensure that all fiscal obligations are met

 

  • If you require financing, we will assist you in obtaining a mortgage with some of the most reputable banks in Spain, taking advantage of our established relationships with financial institutions.

 

Preparation for Signing Before the Notary

We take care of preparing all the documentation and calculating the amounts required for the transaction. We notify the client well in advance so that they can transfer the funds to their account in Spain. After completing this step, we draw up the cheques and go to the notary’s office on behalf of the client, verifying that everything is signed correctly and handing over the keys to the property.

 

Post-Sale Management

After the sale and purchase, we take care of:

 

  • Collection of Original Deeds from the notary.

 

  • Payment of Applicable Taxes and submission of the original deeds to the Land Registry

 

  • We ensure the transfer of essential utilities (water, electricity), as well as for the homeowners’ association, waste disposal tax, and local property tax (IBI).