The buying process and agents

It is for anyone thinking about, planning or carrying out a move to Spain. You will understand each step, know who does what, and be able to avoid the common traps in searching and making offers.

Start with "How buying a home in Spain works, step by step". It gives you the whole sequence from search to keys and shows what you commit to at each stage. After that, move to the pages that match where you are: working with agents, reading listings, viewing and offers, or the roles of the lawyer, notary and gestor.

Key rules

• Auction deposit: To bid in a judicial auction you deposit 5% of the appraised value, and the balance is due within 40 days of the award notice.
• When you are committed: You become committed when you sign the arras contract, not at a simple reservation, and unless the contract says otherwise you can withdraw by losing the amount paid.
• Tax filing: The purchase tax return must be filed within 30 working days of the deed.
• Agent commission: The seller usually pays the estate agent's commission, and you pay only if you hired the agent or the contract expressly says so.
• Verbal offers: A verbal offer is not a safe commitment from either side, so get anything that matters in writing.
• Deposit timing: Pay the reservation deposit only after price and conditions are agreed, because it takes the home off the market.

The buying process and agents: the whole process, step by step

• Search and view homes, then make an offer (see Viewing homes, making an offer and negotiating in Spain): Offer and reservation within days of choosing a home

• Pay a small reservation deposit to take the home off the market: Usually a few thousand euros, paid when the offer is accepted

• Have your own lawyer check the property: land registry extract, charges, community and tax receipts, energy certificate (see Lawyer, notary, gestor and registrar: who does what): 1 to 3 weeks

• If the home is rented, check the tenant's purchase rights before you sign (see Buying a property that already has a tenant or occupant): Before the arras contract. The tenant has 30 calendar days from formal notice to use the right

• Sign the arras contract, which commits you: 1 to 2 weeks after the offer, with about 10% of the price paid

• Arrange a mortgage if you need one: valuation, bank approval and the notary pre-contract meeting: Valuation 1 to 2 weeks, bank approval 2 to 6 weeks, then a 10-day cooling-off period

• Sign the public deed before a notary, pay the balance and get the keys: 30 to 90 days after the contract: usually 1 to 2 months with cash, 2 to 3 months with a mortgage

• File the purchase tax return, usually through your gestor: Within 30 working days of the deed Deadline: 30 working days after the deed.

• Register the deed at the Land Registry: From about 2 weeks to 2 months or longer after the deed

• Move utilities, community fees and the property tax bill into your name: After the deed

• New build: pay in stages during construction, then sign the deed after the first occupancy licence (see How buying a home in Spain works, step by step): 18 to 36 months from contract to handover; the deed usually follows the licence by 1 to 3 months

• Auction: deposit to bid, then pay the balance (see Buying a bank-owned or auction (subasta) property): Deposit of 5% of the appraised value to bid; balance within 40 days of the award notice

Documents you may need

The home and the lease

• Nota simple
• Purchase contract — Working with estate agents and buyer's agents in Spain, Buying a property that already has a tenant or occupant
• Energy certificate for the home — How buying a home in Spain works, step by step
• Written reservation or arras contract — Viewing homes, making an offer and negotiating in Spain

Payments and receipts

• Latest IBI receipt — How buying a home in Spain works, step by step, Viewing homes, making an offer and negotiating in Spain

Other documents

• Community of owners certificate — How buying a home in Spain works, step by step, Apartment, townhouse, villa or finca: what each means in Spain
• Registry extract — Apartment, townhouse, villa or finca: what each means in Spain, Lawyer, notary, gestor and registrar: who does what
• Catastro certificate — Reading a Spanish listing and judging the asking price
• Energy performance certificate — Viewing homes, making an offer and negotiating in Spain
• Certificate of no community debt — Viewing homes, making an offer and negotiating in Spain

Each article lists the other documents it asks for, where you need them.

The buying process and agents: questions that cross several articles

At what point am I legally committed to buy a home in Spain?

You are committed when you sign the arras contract, not at a simple reservation. See How buying a home in Spain works, step by step.

Do I have to pay the estate agent's commission as a buyer?

Usually no, because the seller normally pays the agent. You pay only if you hired the agent, such as a buyer's agent, or the contract says so. Get it in writing; see Working with estate agents and buyer's agents in Spain.

Can the advertised size of a home differ from the registered size?

Yes, the advertised area often differs from the land registry and cadastre areas, because ads may count terraces. Compare a land registry extract with a free cadastre certificate before you sign. See Reading a Spanish listing and judging the asking price and Lawyer, notary, gestor and registrar: who does what.

Can I get a mortgage on a house on rustic land?

Often only with difficulty, because banks may refuse or lend less on rustic land or homes without a licence. See Apartment, townhouse, villa or finca: what each means in Spain.

What if the auction home I win is occupied?

You can ask the court to order out occupants who have no valid title, but this can take weeks to many months and you cannot force them out yourself. Tenants with a valid title may stay. See Buying a bank-owned or auction (subasta) property and Buying a property that already has a tenant or occupant.