HOW TO BUY A PROPERTY IN COSTA DEL SOL
Which steps must be taken to purchase a property in Costa del Sol?
Purchase a property is one of the most difficult decisions you can make. There are several reasons why you want to acquire a property, one of the most important is the possibility of having a place to live.
It can also happen that we decide to buy a property in Costa del Sol with the aim of putting it for rent, to generate profits or to sell it in the near future. But whatever the objective with that property is, by having the expert hand of a professional, the buyer ensures that all the details receive the required attention and saves unpleasant surprises.
Some people choose to purchase the property by their own, but we recommend that the buyer use the services of a real estate agency. Among all the arguments in favor of this option there is one that is hardly debatable: the buyer pays absolutely nothing to the real estate agency for his services.
HOW TO CHOOSE THE BEST REAL ESTATE AGENCY
Buying a property requires a long, complex and complicated process of time, procedures and paperwork to be carried out. Therefore, and to streamline the procedures, reduce time and ensure the purchase many people prefer to choose a real estate agent who knows the Costa del Sol perfectly.
However, choosing a good real estate advisor is not easy. Although this figure is fundamental in the real estate, getting it right when choosing the best real estate agent is key in the processes of buying and selling a property.
Real estate agencies specialized in an area, with a strong local presence, have the ability to offer their customers a wide variety of options and at the same time strictly respond to the required criteria.
These agencies know very well the various areas and urbanizations within their area of specialization and therefore can guide and inform their customers so that they can find the ideal property, saving all the setbacks that may arise during the process.
MAR HOUSES is a real estate agency specialized in the area of the Costa del Sol, which includes especially from Málaga, Torremolinos, Benalmádena, Fuengirola, Mijas, and Marbella, with its most prestigious urbanizations and areas..
BUYING A PROPERTY WITH MY PERSONAL REAL ESTATE SHOPPER
The tour of a well-organized website detailed in its contents already gives us considerable information about the areas and properties preferable for our tastes and allows us to make a more precise pre-selection of them. Now, nothing better than an in-person visit to the place in question, to be able to finish with the choice of the perfect property.
When a buyer goes to MAR HOUSES to find his property in the Costa del Sol, we become his Real Estate Personal Shopper: we select among all the available properties, those that may be of interest to him, we organize tours of the chosen homes according to the criteria marked, we explain all the relevant details and we advise our customers to make their final choice with all the information in their hand.
VERIFYING THE LEGAL SITUATION OF THE PROPERTY
Once you have chosen the property that is of your interest and adapts to your needs, before signing anything, it is necessary to check that everything is in order with the house from the legal point of view, that is, to whom the property belongs, if there are charges or encumbrances on the property, if there are tenants or holders of it, if the house is subject to any special regime, etc. Here it will be necessary the intervention of a lawyer who certifies all the legal aspects for our peace of mind when acquiring the property.
MAR HOUSES puts its customers in contact with lawyers who are experts in real estate law on the Costa del Sol, who accredit extensive professional experience in the area, as well as compliance with the fulfillment of the strictest ethical and professional deontological criteria. Among the work of the lawyer, we highlight the following:
— Obtaining a certificate of the property in the Property Registry. The certificate specifies who owns the property and whether there are any charges on it, such as mortgage loans that have not yet been paid.
— Checking in the town hall that the property has the corresponding building license and habitability certificate.
— Checking that the owner(s) have paid all housing services, such as water and electricity, municipal taxes and community expenses. For this, they will obtain the corresponding certificates and/or invoices.
DOCUMENTS AND REQUISITES TO BUY A PROPERTY IN COSTA DEL SOL
If you are from a foreign country and want to acquire a property in Spain, you need to meet a series of requirements. These procedures can also be taken care of by our lawyers. We highlight the following requirements:
— Opening a bank account in a Spanish bank.
— Proceedings for obtaining the Foreigners Identification Number (“Número de Identificación de Extranjeros, NIE”), necessary for any legal action in Spain, including the purchase of a property.
— Proceedings for obtaining the residence permit, if necessary, or certificate of non-residence.
— Power of attorney: in case the buyer can not or does not wish to be present in the fulfillment of legal proceedings, he/she may grant representation power to the lawyer so as to do so on his/her behalf. Our legal services will inform our customers about the steps and the implications of this possibility.
HOW TO BOOK THE PURCHASE OF A HOME ON THE COSTA DEL SOL
You have already chosen a property on the Costa del Sol, you have checked with the lawyer that everything is in order in terms of the legal situation and, therefore, you have decided to purchase it. The next step is to reserve the property. To do this, you have two options, to sign an earnest money contract or a deposit contract. What's the difference?
— Placing a deposit: on the Costa del Sol, it is customary that the deposit to reserve a property amounts to 6.000€. If the buyer changes his mind and decides not to carry out the transaction, the seller will retain the deposit, as a compensation for the damage caused by the temporary halt of the selling process. In case the seller backs out, he would be obliged to return the signal to the buyer.
— Earnest Money contract (“contrato de arras”): When signing an earnest Money contract, a depositis placed as well to reserve the property, but there are two important differences. First, the amount of this deposit is usually 10% of the sale price; second, it not only obliges the buyer to complete the transaction, but also the seller. Moreover, if the seller changes his/her mind and decides not to complete the transaction, he/she will have to give the buyer twice the amount received as a deposit (that is, 20% of the value of the property).
As we can see, an earnest Money contract is a more secure way to guarantee the purchase of a property. If we choose to place a deposit, the amount will be lower, but the buyer will find it easier to reverse the sale if, for example, a better offer arises.
By signing an earnest Money contract, this will be much more difficult. If you have found “the home of your dreams” and you want to make sure that it will be yours, your best option is the signing of an earnest Money contract.
It should be noted that, in both cases —deposit or earnest Money contract— we speak only of amounts delivered on account, which will be deducted from the price of the property at the time of the sale. An earnest Money contract does not imply a greater disbursement at the end of the operation.
Preparation of the earnest Money contract or delivery of the deposit: the lawyer will be responsable for drafting the corresponding documents, earnest Money contract or receipt for the deposit.
SIGNATURE OF THE PURCHASE OF YOUR PROPERTY AT THE NOTARY
Once the agreement has been finalized and the deposit contract signed, you have reached the decisive moment when buying a property in Costa del Sol:
You have reached the decisive moment, the signing before a notary of the deed of sale (in which MAR HOUSES also accompanies all its customers). Our lawyer has previously sent to the notary all relevant information concerning the deed of sale.
According to the law, the seller is in principle bound to pay for the costs of granting the deed, while the buyer must pay the expenses of the first copy of this deed. However, the law leaves to the parties the option to agree and distribute these expenses as they wish.
In practice, it is customary for the buyer to take responsibility for all the expenses of the notary’s office, which is why he/she usually chooses the notary. In any case, MAR HOUSES provides its customers with a list of the main notaries in the area, with an extensive profesional background, so that they can make their choice.
Click here to know expenses when you buy a property.
Important warning, we cannot guarantee or ensure that the information provided above is maintained over time, is subject to change, is indicative, and is not binding in any case.