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The notary public is the legal representative of the state and performs following duties:

  • Applying for information regarding the property at the Land Registry Office
  • Checking who is the legal owner of the property
  • Investigates any outstanding debts secured against the property
  • Drafting the deed of conveyance

The Spanish notary public will probably try to avoid these duties by putting in a condition subsequent in the deed of ownership, so you are advised to appoint an advisor of your own who will do this for you. Fee 0.6%-1% of the purchase price.

Appointing a gestor is a common practice in Spain. He will manage all of the paperwork, the payment of the purchase price, taxes and notary fees. He will ensure that your property is correctly and fully registered and he will also take out any insurance needed on time.  After you have bought your property the Gestor can still assist you. For example, ensure that all taxes and bills will be paid in your absence.

A solicitor can also do this for you, as he will be able to check the contracts for legal misstatements. The fees are not fixed, therefore you will need to make clear price arrangements. It is advisable to compare prices.

The real estate agent in Spain It is highly advisable to hire an estate agent when buying a second home in Spain, although this is not compulsory.  Anyone can act as your representative. Certified estate agents are a member of one of the trade organisations (for example API, GEPA or EFEA). Spanish estate agents do not have a fixed fee. Their commission can range from 5% to 10% of the purchase price. The vendor ususally has to pay the commission.


 

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