Having your property and purchase contract in Spain checked

Who the owner is

We check who owns the property and whether the seller is authorised to sell it

Which obligations affect the property

We look at the Spanish land register, the Registro de la Propiedad. We check for registered mortgages, attachments and third-party rights, such as a right of way.

Whether the property details match

We compare the details in the title deed, the land register and the cadastre. Differences may give rise to further investigation.

Whether there are outstanding debts

We examine the available information about the municipal property tax, the IBI, and other debts connected with the property.

The information from the owners' association

Is the property part of an apartment complex or a shared residential development? Then we check the usual information from the owners' association

Permits and certificates

We assess the relevant permits, certificates and available municipal documents concerning the construction and use of the property.

Whether the property can be handed over as agreed

We examine whether tenants, occupants or third-party rights may affect the handover.

With rural properties and properties with an extension, the situation on site may differ from what is stated in the official documents. For example, an extension that is not recorded in the land register.

We examine the legal significance of such differences, request relevant documents and explain which further steps are needed.

For measurements, building inspections or technical reports, an independent architect, building surveyor or other qualified expert is required. If necessary, we can coordinate the collaboration with this specialist.

Even a short reservation document can contain agreements with major consequences. Among other things, we check:

• The details of the buyer, seller and property: are they correct and complete?
• The purchase price and payments: how much do you pay, when, and how are earlier deposits credited?
• The consequences if the purchase does not go ahead: when can you recover your deposit, and what happens if a party fails to comply with the agreements?
• The transfer date: when must you sign at the notary's office, and is that deadline achievable?
• The seller's documents: what must be supplied, and when?
• Debts and registered charges: what agreements have been made about repayment and removing, for example, a registered mortgage?
• The handover: when do you receive the keys, which furniture remains, and what has been agreed about utilities?
• Important conditions: how are agreements about financing, legal checks and other circumstances recorded?
• Costs and taxes: which costs do you pay, and which does the seller pay?

An arras contract is a Spanish agreement in which arrangements concerning a deposit are recorded.

Not every arras contract has the same consequences. There are different forms, including arras penitenciales, confirmatorias and penales. The chosen form and the wording of the contract determine which obligations you take on, whether you can withdraw from the purchase and what the financial consequences are.

We assess the agreements in your contract and explain what they mean for you.

After the examination, we discuss the points requiring attention that have been identified, missing information and conditions that need to be included in the contract.

Are changes needed? Then we send comments and proposed amendments to the seller or their representative. Before advising you to sign, we check whether the final wording correctly reflects the essential agreements.

A legal check helps limit risks, but does not replace a building survey or physical inspection.

Do you have your eye on a property or have you received a contract? Tell us where you are in the purchase process. We will then discuss which checks are needed.