Last checks before you sign the deed

Terms used

• Nota simple — The nota simple is a short registry extract showing the owner, the property details and any charges on it.
• Plusvalía — The plusvalía is a municipal tax on the increase in the land's value, linked to the sale.
• IBI — The IBI is the annual local property tax.
• Arras — Arras are a deposit paid under the purchase contract, which can be lost or doubled if a party backs out.
• Minuta — The minuta is the notary's draft of the deed, which you can review before signing.
• Burofax — A burofax is a postal service that gives proof of the content and delivery of a formal notice.

Key rules

• Right to refuse: You can still refuse to sign if the seller is in breach or the property differs materially from the contract.
• Community debts: You are liable for community arrears of the current year and the three previous years, so read the debt certificate first.
• Mortgage: Paying off the loan at signing is not enough; the mortgage entry stays until the cancellation deed is registered.
• Registry protection: Once the deed is presented, the registry entry protects your priority for 60 working days.
• Refusing without reason: Refusing without a valid reason can cost you your deposit and lead to a damages claim.

You can still say no until you sign

Shortly before signing, refresh the registry, community and mortgage position, inspect the property and check the draft deed. Until you sign, you can still refuse, ask for a fix or sign on adjusted terms. After signing, it is much harder. The checklist, documents and timeline below give the details. This page explains what matters most and what to do with what you find.

Debts: community and mortgage

Community debts. The seller asks the community administrator for the certificado de deudas con la comunidad. It must be issued within 7 natural days of the request, so the seller should ask early. Read it before signing. You are liable for unpaid community fees of the current year and the three previous years, so any arrears or pending special levies matter to you.

Seller's mortgage. If the seller still has a mortgage, the seller gets a certificado de deuda pendiente from the lender shortly before signing. At signing, the part of the price that repays the loan goes to the lender, usually by bank cheque or a transfer made at the notary. The rest goes to the seller. This pays the loan off, but the mortgage stays on the registry until a deed of cancellation is signed and registered. Ask who signs it and when. The seller normally arranges and pays for it, usually a few hundred euros, unless your contract says otherwise. Registry cancellation typically takes a few weeks. Any early repayment fee is the seller's cost.

Walk through the property

Visit 24 to 48 hours before signing. Compare what you see with the contract and the listing: damp, cracks, roof, windows, plumbing, electrics, heating, air conditioning and any works done since your viewing. Check that the fixtures and furniture match the contract list. Test water, electricity and gas, and photograph the meter readings. Confirm the property is empty, with no tenants or squatters, and that you will get the keys. Take dated photos or video, and sign a handover note (acta de entrega) or inventory.

Check the draft deed

Ask the notary for the draft deed (minuta) a few days before signing, and compare it with your sales contract. Check:

• names, marital status and any powers of representation;
• the property description, address, area and registry data against the nota simple;
• the price and how it is paid, with the means of payment identified;
• the charges (cargas) such as mortgages, and the seller's commitment to cancel them or deliver the property free of them;
• that any deposit or arras already paid is deducted from the price;
• who pays taxes and expenses, including plusvalía, IBI and community debts;
• the fixtures and furniture included, the energy certificate and the habitability licence references;
• the dates of delivery and possession.

Get any mismatch corrected before you sign.

If you find a problem

Put it in writing. The strongest way is a formal notice (burofax or notarial requirement) giving the seller a deadline to fix it. Then choose:

• Sign if the issue is minor or fixed.
• Sign with a price retention or an agreed solution.
• Refuse to sign.

You can lawfully refuse if the seller is in breach or the property differs materially from the contract, for example undisclosed debts, a mortgage that will not be cancelled, occupants or a serious defect. You can usually recover your deposit then. Refusing without a valid reason makes you the party in default, and you can lose your deposit and face a damages claim. If you paid arras, the contract wording and the type of arras decide what happens, so take legal advice before walking away.

After signing

There is no general legal deadline to register the deed, but present it promptly. Tax must be filed within 30 working days, and registration needs proof of payment. Once the deed is presented, the registry entry protects your priority for 60 working days.

Choosing between options

What do you do if you find a problem before signing the deed?

• Sign as planned: The property matches the contract and nothing material is wrong.

• Send a formal notice and give the seller a deadline: The problem can be fixed, such as a debt to clear or an item missing. Put it in writing, preferably by burofax or notarial requirement, and keep the deadline short.

• Sign with a price retention or an agreed solution: The problem is smaller and the seller agrees in writing to a retention or a fix. Settle this before you sign.

• Refuse to sign: The seller is in breach or the property differs materially from the contract, for example undisclosed charges or debts, a mortgage not cancelled, occupation by third parties or a serious defect. Take legal advice first.

You can lawfully refuse only if the seller is in breach or the property differs materially from the contract, and you can then usually recover your deposit. Refusing without a valid reason makes you the party in default, with the loss of your deposit and possibly damages.

Timeline and deadlines

• Seller asks the community administrator for the debt certificate: as soon as the signing date is set; it must be issued within 7 natural days

• Ask the notary for the draft deed and compare it with your sales contract: a few days before signing, and at least 3 working days before if your purchase includes a mortgage

• Seller gets the mortgage payoff certificate from the lender: shortly before signing

• If you find a problem, send a formal notice (burofax or notarial requirement) giving the seller a deadline to fix it: as soon as you find it, before signing

• Sign, or sign with a price retention, or hold off: on completion day, after taking legal advice if there is a serious problem

• Present the deed to the property registry: promptly, ideally within days of signing; the registry entry then protects your priority for 60 working days

• Registry removes the seller's mortgage entry: typically a few weeks after the cancellation deed is presented

Documents you need

• Community debt certificate (certificado de deudas con la comunidad): the seller requests it from the community's administrator or secretary, and it is issued with the president's approval within 7 natural days. It must list any debts on the property.

• Mortgage payoff certificate (certificado de deuda pendiente): the seller requests it from the lender shortly before signing, so the exact amount to repay is known.

• Draft deed (minuta): ask the notary for it a few days before signing. If your purchase includes a mortgage, you must have it at least 3 working days before signing.

• Deed of mortgage cancellation (escritura de cancelación de hipoteca): the lender signs it before a notary, often the same day or soon after. It is presented to the property registry to remove the mortgage entry, and it is only needed if the seller has a mortgage.

• Handover note (acta de entrega) or inventory: signed at the walk-through, listing the fixtures and furniture included and the meter readings.

Checklist

• Ask the seller for the lender's payoff certificate shortly before signing.

• Confirm that the part of the price that repays the loan goes to the lender, as a bank cheque or a transfer made at signing, and the rest to the seller.

• Ask the community administrator to confirm there are no arrears or pending special charges, and check that community fees and IBI (the yearly local property tax) are paid.

• Record everything with dated photos or video, and get a signed handover note.

• Check the names, marital status, property regime and any representation powers of the parties in the draft deed.

• Compare the property description, address, area and registry data (finca number, registry office, cadastral reference) with your nota simple, the registry extract.

• Check the price and payment method, that any deposit or arras already paid is deducted, and that the declared charges match the seller's commitment to cancel them or deliver the property free of charges.

• Check who pays plusvalía (the municipal tax on the land's increase in value), IBI and community debts, the fixtures and furniture included, the energy certificate and habitability licence references, and the delivery dates.

• Have any mismatch with the sales contract corrected before signing, and raise any defect to ask for a price reduction or retention.

Frequently asked questions

How long does the seller have to get the community debt certificate?

The community's administrator must issue the certificate within 7 natural days of the seller's request.

Who pays to cancel the seller's mortgage?

The seller normally arranges and pays for the cancellation, unless your contract says otherwise. Notary, registry and gestoría costs are usually a few hundred euros, and any early repayment fee is also the seller's cost. The registry usually takes a few weeks to remove the mortgage entry.

Can I lose my deposit if I refuse to sign on completion day?

Yes, you can lose your deposit if you refuse without a valid reason, and you may also owe damages. If the seller is in breach or the property differs materially from the contract, you can usually recover it. Put the problem in writing and take legal advice before walking away.

Is there a legal deadline to register the deed after signing?

No, there is no general legal deadline for you to register the deed. Present it promptly, ideally within days of signing, because the registry entry then protects your priority. The tax filing has its own deadline, set out in the article on registering your title.