British Expats

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-   Spain (https://britishexpats.com/forum/spain-75/)
-   -   Holiday home (https://britishexpats.com/forum/spain-75/holiday-home-917930/)

Mickeyfish Oct 2nd 2018 7:48 am

Holiday home
 
Hi I’m new to all this and feel a little out of my depth.
Me and my wife visited two weeks ago, viewed 6 apartments (a drip in the ocean) anyway one stood out and we put an offer in.... it was accepted great news!!! I now have the headache of sorting NIE and Bank account, I don’t feel I can trust anyone I speak to, as it feels everyone just wants to be cut in, also the estate agent is putting pressure on to pay a deposit then 10% within a time frame I’m not comfortable with, just wondering how long this process should take.

To be honest reading some of these forms about brexit is putting me right off the idea at the moment

ononno Oct 2nd 2018 6:54 pm

Re: Holiday home
 
Then withdraw your offer, don't pay anything to anyone, and sit back and have a good think about what you really want to do.

snikpoh Oct 2nd 2018 7:16 pm

Re: Holiday home
 
My thoughts exactly.

Never pay the agent any money! He doesn't need a holding fee! Pay any deposit via your lawyer but ONLY when you're sure it's what you want to do.

Johncarzx Oct 2nd 2018 7:29 pm

Re: Holiday home
 
Hello Mickeyfish

If you can't hack it and get streetwise Spain is not for you. Spain is not namby-pamby UK.

https://cimg5.ibsrv.net/gimg/british...30635d2309.jpg

bolton wanderer Oct 2nd 2018 11:11 pm

Re: Holiday home
 

Originally Posted by Mickeyfish (Post 12571836)
Hi I’m new to all this and feel a little out of my depth.
Me and my wife visited two weeks ago, viewed 6 apartments (a drip in the ocean) anyway one stood out and we put an offer in.... it was accepted great news!!! I now have the headache of sorting NIE and Bank account, I don’t feel I can trust anyone I speak to, as it feels everyone just wants to be cut in, also the estate agent is putting pressure on to pay a deposit then 10% within a time frame I’m not comfortable with, just wondering how long this process should take.

To be honest reading some of these forms about brexit is putting me right off the idea at the moment

If you're unsure, rent first. It will cost you over 20% of the cost of the property to sell and buy again if you get it wrong. I would rent for a few months out of season to get a feel for the area and you may find a real bargain while your living over here.

If buying I would get an independent lawyer before paying any money or signing any contracts. The lawyer will probably rewrite the agents contract so that you aren't disadvantaged. You can open your own bank account using your passport and the lawyer can arrange for your NIE for a small fee. (we paid €50)

I wouldn't worry too much about Brexit.

Is this a permanent move or a holiday home? **EDIT just seen title - Then I definitely wouldn't worry about Brexit! (We have a holiday home and enjoy flitting between the UK & Spain....Best of both worlds)

Good luck

bobd22 Oct 2nd 2018 11:47 pm

Re: Holiday home
 
The 10/% holding deposit is not unusual Spain has a different system to the UK. However although it may be the estate agent prompting you the deposit should be paid to your legal advisor not estate agent, this may be the case for you and simply a misunderstanding.
Here is a link that may help you with how the process works.

https://www.imslawyers.com/buying-in...rocess-stages/

Longlegpete Oct 3rd 2018 8:09 pm

Re: Holiday home
 
Paying an initial holding deposit via your lawyer is quite normal, paying more via your lawyer at a later date is also not unusual, indeed some of our friends are selling up and have just received there 2nd deposit, it all shows that you are not wasting everyone's time which it sounds like you maybe?

If you are unsure then walk away but let everyone know so they can move on

Johncarzx Oct 3rd 2018 9:33 pm

Re: Holiday home
 

Originally Posted by Longlegpete (Post 12572605)
Paying an initial holding deposit via your lawyer is quite normal, paying more via your lawyer at a later date is also not unusual, indeed some of our friends are selling up and have just received there 2nd deposit, it all shows that you are not wasting everyone's time which it sounds like you maybe?

If you are unsure then walk away but let everyone know so they can move on

What Longlegpete says is quite correct. However there is not a property buying and selling system anywhere in the world that is perfect and without risks. The Spanish system is that the buyer pays a deposit and looses that deposit if they pull out. You need to be careful regarding deposit contracts, often drawn up by estate agents, who are qualified at nothing. I once heard of someone pulling out because they found out the property was an illegal build but still lost their deposit because that clause was not mentioned in the estate agents deposit contract (strangely the deposit was paid to the estate agent). Also the contract should say if the vendor pulls out they must pay the buyer double the deposit, the chance of that happening is (pigs might fly).

Another main problem in Spain is getting a good lawyer to do a meticulous job. Spain lawyers are renowned for being the good, the bad and the ugly. When you find out after purchase that your property has no licence, is an illegal build, has someone else’s debts and mortgage attached to it, the standard answer is you did not ask.

amideislas Oct 7th 2018 11:13 pm

Re: Holiday home
 
All that stuff is bloody easy to find out. Especially for someone who does it everyday. Someone would have to have some serious motivation to withhold that information from you.

That's why it's never a good idea to use the seller's agent, gestor, or lawyer to conduct the due diligence. But even then, it would be illegal for a lawyer or gestor to deliberately withhold that information from you.

missile Oct 8th 2018 1:38 am

Re: Holiday home
 

Originally Posted by amideislas (Post 12574462)
All that stuff is bloody easy to find out. .

If you take the time to understand the rules and regulations it is no more (or less) difficult or problematic to buy in Spain. There are just as many pitfalls and crooks in suits and charlatans trying to get their hands on your money when you buy in the UK.

Johncarzx Oct 9th 2018 6:32 pm

Re: Holiday home
 
It is an industry that is either badly regulated or not regulated at all; and therefore attracts many thieves and con men. The Krays could open an estate agents tomorrow and the authorities would not be interested (UK and Spain).

PegoBound Oct 10th 2018 12:52 am

Re: Holiday home
 

Originally Posted by bolton wanderer (Post 12572158)
If you're unsure, rent first. It will cost you over 20% of the cost of the property to sell and buy again if you get it wrong. I would rent for a few months out of season to get a feel for the area and you may find a real bargain while your living over here.

If buying I would get an independent lawyer before paying any money or signing any contracts. The lawyer will probably rewrite the agents contract so that you aren't disadvantaged. You can open your own bank account using your passport and the lawyer can arrange for your NIE for a small fee. (we paid €50)

I wouldn't worry too much about Brexit.

Is this a permanent move or a holiday home? **EDIT just seen title - Then I definitely wouldn't worry about Brexit! (We have a holiday home and enjoy flitting between the UK & Spain....Best of both worlds)

Good luck

So have you residency documents Bolton? Just interested as am starting the process myself and thought I should go for residency to help protect against Brexit. However stuff I read suggests if I go for residency I have to pay different tax, get a spanish driving license, do this do that etc.. But like you I just want the flexibilty to come and go.

Johncarzx Oct 10th 2018 2:42 am

Re: Holiday home
 

Originally Posted by PegoBound (Post 12575492)
So have you residency documents Bolton? Just interested as am starting the process myself and thought I should go for residency to help protect against Brexit. However stuff I read suggests if I go for residency I have to pay different tax, get a spanish driving license, do this do that etc.. But like you I just want the flexibilty to come and go.

This Spanish residency thing has been a bit contentious with some expats for a long time because they see no benefit in it. If you live in Spain permanently including all the rigmarole rules about being resident status, legally you should register as resident. If you qualify currently for Spain state healthcare you will have to register as resident to get it. But for some of those not qualifying for state healthcare see no benefit to being resident. Basically they only see it has a load of grief signing up to the Spanish tax system and supposedly changing their driving licence. Their attitude is that they don’t give a toss, what Brit has ever been prosecuted or deported for not registering; they want to remain UK tax residents and keep their UK driving licence, and most of them have some sort of UK address.

At the moment the EU has free movement of EU nationals and it’s not difficult to see that this Spanish residency nonsense is purely to rope you into the Spanish tax system (although there are ways round it).

On the BREXIT thing, this subject will all be a storm in a teacup. Apart from house building and tourism what else has Spain got, maybe football and the odd bullfight. Spain would let the mad axe man in if he had €100 to spend.

bolton wanderer Oct 10th 2018 4:51 am

Re: Holiday home
 

Originally Posted by PegoBound (Post 12575492)
So have you residency documents Bolton? Just interested as am starting the process myself and thought I should go for residency to help protect against Brexit. However stuff I read suggests if I go for residency I have to pay different tax, get a spanish driving license, do this do that etc.. But like you I just want the flexibilty to come and go.

No, I'm non resident. I pay non resident tax and local property tax to Spain and all my other taxes/allowances are dealt with by HRMC in UK. However, this means that I can't stay in Spain for longer than 183 days in any calendar year and each visit is less than 90 days. This suits me but I'm not sure if/how this is checked by the Spanish government if someone wanted to stay longer.

PegoBound Oct 10th 2018 5:59 am

Re: Holiday home
 
Ok thank-you. Yes that makes sense. It would probably suit me too initially but I guess it does split up your year into 4 very distinct, scheduled quarters!


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