As a Dutch person considering purchasing a home in Spain, you will soon find yourself in a world that is very different from what you are used to in the Netherlands. The purchasing process in Spain has its own rules and challenges, which means that hiring a specialized lawyer is not only sensible, but often also indispensable.
Less protection and extra steps
In Spain, the buyer generally enjoys less protection than in the Netherlands or Belgium. In addition, language and cultural differences can complicate the purchasing process. After all, you have to take extra steps, such as applying for an NIE document (the Spanish identification number) and opening a Spanish bank account. These documents are essential for all legal transactions and for securing your investment.
Why legal advice from ARM Abogados?
At ARM Abogados you will find Dutch-speaking lawyers and attorneys with extensive experience in assisting Dutch people with the purchase of real estate in Spain. Our expertise enables us to guide you through every stage of the purchasing process. In this way, we ensure that you are well informed and that your interests are optimally protected.
Our services in a nutshell
We offer support in several important parts of the purchase process, including:
- Legal research:
We check the property registers, investigate whether there are any mortgages, encumbrances or liens on the property, and verify that all permits and certificates are correct.
- Contracts and negotiation:
From drawing up reservation contracts and preliminary sales contracts (contrato de arras or compraventa) to negotiating the purchase conditions and assisting with the signing of the notarial purchase contract.
- Banking:
We assist you in opening a Spanish bank account, essential for the payment of the purchase.
- Communication:
While you can communicate in your own language, we also handle Spanish or English communication with sellers and estate agents.
- NIE application:
We assist you in obtaining your unique identification number, so that you can take all the necessary legal steps.
Three crucial phases in the purchase process
Buying a property in Spain generally involves three phases:
The pre-contractual phase:
- Finding the right property
- Arranging your NIE document (if you are a non-resident)
- Opening a Spanish bank account
At this stage, it is important not to rush into signing a reservation contract. Buyers are often pressured to act quickly, but by first seeking legal advice, you can identify potential risks at an early stage.
The legal investigation:
Your lawyer will check all relevant documentation, such as property registers, permits and tax returns (such as the IBI). We will also ask about any special details or risks that you have noticed during your contact with the estate agent or seller. This will prevent you from encountering any surprises.
The after-sale phase:
After signing the final purchase contract, we will guide you through the final steps, such as passing the notarial deed and the final transfer of ownership.
Reservation contracts: Be alert
There are two types of reservation contracts in Spain. One type, the contrato de reservas, involves paying a sum of money to temporarily remove the property from the market. The other, the contrato de arras, is a preliminary purchase agreement in which you usually pay a deposit of around 10%. Please note: if you cancel the purchase, this could mean that you lose your deposit, while the seller will have to pay a penalty if they withdraw.
Your safe investment starts with the right guidance
Do you want to buy a property in Spain with confidence and certainty? Then contact ARM Abogados without obligation. Our expert lawyers are ready to advise and guide you through every phase of the purchase process. In this way, we ensure that your investment is not just a dream and not a nightmare, but also a safe and legally correct step in your new life in Spain.
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