brodev

I am buying a house in Spain from my brother who I totally trust and vice versa. We both think that using a solicitor is an expense we don't need. We realize that as we need documents in Spanish to go to the notary with, then we do need some help. Does anyone know of a website where pro format agreements can be downloaded or are we going to have to bite the bullet. TIA

BriscasBetterHalf

I'd get it all drawn up properly. Its not like you need a solicitor each. Just employ one as the seller, get it all done right and theres no need for the buyer to have one. Then share the costs
Besides I assume you want to buy it to your brother for the least amount possible to avoid capital gains. An experienced solicitor should be able to tell you what you can get away with in black money.
Our experiences in Spain suggest notaries can be very friendly but they are nearly always in a rush and you will be sent away to do it properly if the documents are wrong!

keithwalters

Yes, there is such a website. http://www.tuguialegal.com/formventas.htm

You would perhaps want to use one of the bottom two contracts.

Hillybilly

I bought a property earlier this year from a Spaniard and neither of us chose to use the services of a solicitor.
She wasn't family and so we drew up an agreement to purchase between ourselves in Spanish, detailing the property, vendor/purchaser, deposit, price, dates etc. I'm assuming you won't need/want to do this.
I then went to the notary of my choice with all the details needed (escritura, vendor/purchaser details, price etc) and asked them to draw up the documentation and made an appointment for us to sign on an agreed date. The vendor brought along all the latest paid up bills for the property on the day of signing, although I'd already made sure to see them myself prior to this. You will need your NIE nos, residency cards if applicable and/or passports and I had to provide my sticky bar codes from Hacienda (at the Notary's request, not sure why.)
No solicitor required but you would be advised to take a translator (may even be insisted on by the notary) if one of you isn't reasonably fluent in Spanish.
Notary's requirements do seem to vary so visit the one you intend to use to make sure of what you will need.

keithwalters

We are going thro' the process at the moment and neither party has elected to use a solicitor. I wouldn´t necessary recommend this course of action to everyone, but if you know what you are doing there is no reason why not.

It sounds like Brodev doesn´t particularly know what he is doing, but if there is complete trust on both sides and Brodev knows that there are no issues about legality (or not) of the property, then there is very little that a solicitor can do for him.

Like Hillbilly says, just make sure you are prepared for the Notary. Pay the Notary a visit in advance of the date for escritura and find out exactly what he/she will expect of you.

I take it you have picked up on the necessity for an NIE?

Hillbilly - I also had to use those Hacienda bar code stickers when I bought my car.....couldn´t figure out why either!?

Hillybilly

Glad it wasn't just me then!

brodev

thanks for all your replies. I am not all that familiar with conveyancing as I don't do it all that often

keithwalters

So we need to ask exactly what is conveyancing? It is not as daunting as you might think.

In your case you will need to get an NIE (if you haven´t already).

You would normally get a copy of the Nota Simple. Costs about 9 euros and you can do it online. This will tell you if there are any debts on the property amongst other things, but maybe this step is not necessary in your case?
In fact assuming you trust your brother like you say and know that the property is legal and all debts are paid you can skip a whole bunch of steps.

What else needs doing? A contract? Again, that´s for you to discuss with your brother. I guess you will be skipping the holding deposit too.

As mentioned earlier, you need to go to the Notary well prepared. Don´t just expect to turn up on escritura day and sign. Check if your Notary will require a translator, etc.

What else? Connection of utilities? In your case the utilities are already connected, you just need to change the names (or not).

Don´t forget to pay your taxes.....I think within 30 days of escritura?

What else have I forgotton peeps?

Hillybilly

Brodev - is your brother resident or non-resident for tax purposes?
If the latter, then you, as the purchaser of a property from a NR have to withhold a 3% retention in respect of his CGT liability which has to be paid to Hacienda.
If he's a resident and this is his only/main home, then ignore the above!