Reservation Contract

Once you have found your property and have decided to move forward with the purchase, the first step would be for Smartmove Marbella to draw up a “Reservation Contract” representing your offer and the proposed terms of the purchase. This is presented to the vendor to sign and return if they agree to the terms. In case of negotiation, a final reservation document is produced and signed once final terms are agreed.

A reservation contract is used in Spain as a standard mechanism to take a property off market for a specified period whilst all necessary legal checks are completed by your lawyer. The reservation contract details the basic terms and conditions of the proposed purchase, any special conditions and the terms surrounding the return or payment of the deposit. It should be approved and signed by both the buyer and the vendor and presented to both lawyers as an agreement in principle and include –

• Details of both buyer and vendor
• Price of the property
• Property address
• Proposed dates to sign a Private Purchase Contract (PPC)
• Proposed dates to complete the purchase
• Any special conditions
• Terms of deposit payment or return

A €6,000 deposit holds the property officially “off market“ while searches and due diligence are completed by your lawyer. This deposit is fully refundable in case any irregularities are uncovered during the due diligence process.

This deposit is held by your lawyer or in the client account of Smartmove Estates Marbella SL and can be paid by credit card or bank transfer.

If you are applying for a mortgage it may be possible to reserve your property, subject to mortgage ensuring the return of your deposit should you be unable to successfully arrange finance.

Next steps

Your lawyer will complete a thorough due diligence on the intended property and provide you with a detailed report informing you of their findings and a complete overview of all costs and purchase expenses.

Subject to everything being in good order, your lawyer will arrange for the signing of a Private Purchase Contract (PPC) and 10% of the purchase price to the vendor. This officially secures your purchase and a Notary date will also be agreed for completion and handover.

Private Purchase Contract (PPC)

A private purchase contract is a contract between the consumer and the vendor setting out the terms and conditions of the purchase. The contract will be prepared by your lawyer and will contain -

• A legal declaration from the vendor that he/she has the legal title required to sell the property.
• The exact address and dimensions of the property and its features as set out in the “ referencia Catastral ”, the Government registration of the property.
• The proposed completion date and terms and conditions as agreed by all parties.

Purchase Costs & Taxation

The costs of buying a property on the Costa del Sol vary from 10% to 13.5%

New and Off Plan Properties

Purchase expenses of approximately 13.5%

IVA (VAT) is charged at 10% of the full sales price

Stamp Duty is charged at 1.5%

Lawyers fee of 1% of the purchase price. If you are making a substantial purchase, it may be possible to reduce this fee.

Notary and other expenses approximately 1 to 1.5%.

Resale Properties

Transfer Tax: The ITP (Impuesto de Transmisiones Patrimoniales) is a tax depending on the autonomous community in Spain. In Andalusia the ITP is 7% regardless of the purchase price.

Notary fees: all notaries charge the same fees for transactions as these fees are determined by the authorities and depend on the nature of the purchase and the number of sheets present in the deed of purchase. This fee usually ranges between 500 and 1,800 EUR.

Legal fees: 1% of the property purchase price + 21% VAT.

Lawyers fee of 1% of the purchase price. If you are making a substantial purchase, it may be possible to reduce this fee.

Notary and other expenses approximately 1 to 1.5%.

Taking Finance?

If you are arranging a mortgage in Spain, you will have to allow for additional set up costs and notary fees, potentially another 2 to 3% of the loan amount. If you want to explore financing options, we have excellent contacts with local banks and independent mortgage advisers and would be happy to make an introduction.

New build or first owner properties attract VAT at 10% and a 1.5% stamp duty levy is payable on the full purchase price.

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