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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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