As a Dutch person considering buying a property in Spain, you soon find yourself in a world very different from what you are used to in the Netherlands. The purchase process in Spain has its own rules and challenges, which makes engaging a specialised lawyer not only wise, but often indispensable. [...]
Less protection and extra steps
In Spain, the buyer usually enjoys less protection than in the Netherlands or Belgium. In addition, language and cultural differences can complicate the purchase process. Indeed, you need to take extra steps, such as applying for a NIE document (the Spanish identification number) and opening a Spanish bank account. These documents are essential for all legal actions and for securing your investment.
Why legal advice from ARM Abogados?
At ARM Abogados, you will find Dutch-speaking lawyers and solicitors with extensive experience in assisting Dutch people with the purchase of property in Spain. Our expertise enables us to guide you through every stage of the purchase 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 key parts of the buying process, including:
- Legal research:
We check the property registers, investigate whether there are any mortgages, charges or encumbrances on the property, and verify that all permits and certificates are in order.
- Contracts and negotiation:
From drawing up reservation contracts and provisional sales contracts (contrato de arras or compraventa) to negotiating the purchase conditions and assisting with the signing of the notarial sales contract.
- Banking:
We assist you in opening a Spanish bank account, essential for payment of the purchase.
- Communication:
While you can communicate in your own language, we also handle Spanish or English-language communication with sellers and estate agents.
- NIE application:
We will guide you in obtaining your unique identification number so that you can take all necessary legal action.
Three crucial stages in the buying process
Buying a property in Spain broadly involves three stages:
The pre-contractual phase:
- Finding the suitable property
- Arranging your NIE document (if you are 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 seeking legal advice first, you can spot potential risks early.
The legal investigation:
Your lawyer will check all relevant documentation, such as property records, permits and tax returns (such as IBI). In doing so, we inquire about any particularities or risks you may have noticed during contact with the estate agent or seller. This way, you will not encounter any surprises.
The after-sale phase:
After signing the final sales 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
In Spain, there are two types of reservation contracts. One type, the contrato de reservas, involves paying a sum of money so that the property is temporarily taken off the market. The other, the contrato de arras, is a provisional sales contract where you usually pay a deposit of around 10%. Note that if you withdraw from the sale, it may mean that you lose your deposit, while if you withdraw, the seller has to pay a penalty.
Your safe investment starts with the right guidance
Would you like to buy a property in Spain with confidence and security? Then contact ARM Abogados without obligation. Our expert lawyers are ready to advise and guide you through every stage of the purchase process. This way, we ensure that your investment becomes not only a dream and not a nightmare but also a safe and legally correct step in your new life in Spain.
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