What Happens After You Say “I Love This House”?

­You’ve found it.

The house that makes you stop analysing floor plans, stop comparing listings and start imagining where the furniture will go.

Then comes the next question:

What happens now?

Buying a property in Spain is not necessarily complicated, but the process can feel unfamiliar, particularly if you are buying from overseas.

So once you have found a property you want to pursue, this is broadly what happens next.

1. You make an offer

The first step is usually to agree the price and the main terms of the purchase.

Your agent will normally put the offer to the seller and negotiate on your behalf.

The conversation is not always just about price.

You may also need to agree:

• the proposed completion date

• whether furniture or other items are included

• whether the purchase depends on mortgage approval

• whether particular works or repairs need to be addressed

• and how quickly both sides are prepared to proceed

Once the offer is accepted, things start to become more formal.

2. Bring in your lawyer

If you have not already instructed an independent Spanish property lawyer, this is the point to do it.

Your lawyer is there to protect your interests, not the seller’s and not the estate agent’s.

Before you commit significant money, they should check the legal position of the property and make sure that what you think you are buying matches what exists legally.

That can include checking:

• who actually owns the property

• whether there are mortgages, debts or other charges registered against it

• the Land Registry information

• planning permissions and alterations

• whether the property has any outstanding community fees or local taxes

• whether there are tenants or other occupation rights

• the energy efficiency certificate

• and whether the physical property corresponds with the registered and cadastral information

Legal and technical checks are an important part of the process because problems with debts, planning or discrepancies between the property and its paperwork can follow the property rather than simply disappearing when it changes hands.

3. You may sign a reservation agreement

In many transactions, the buyer pays a relatively small reservation deposit to take the property off the market while the initial legal checks are carried out.

The exact process varies.

A reservation agreement should state clearly:

• the agreed price

• how much you are paying

• how long the property will be reserved

• what happens to the deposit

• and under what circumstances the money is refundable

This is where buyers need to be careful.

A reservation document may look simple, but it can still create legal obligations. I would always recommend having your lawyer review anything before signing or transferring money.

Reservation agreements are common rather than compulsory, and the conditions should be clearly documented.

4. The property is checked properly

This is the point at which the excitement of finding the house needs to be balanced with some very unexciting paperwork.

And that is a good thing.

Your lawyer will carry out the legal due diligence while you may also decide to commission a survey or technical inspection.

Surveys are not common in Spain, like they are in the likes of the UK for virtually every property sale.

For older or renovated properties, this might be worth considering to highlight issues such as structural problems, damp, roofing defects or unauthorised alterations.

5. The arras contract

Once the legal checks have progressed and both sides are ready to commit, the next stage is often the contrato de arras.

This is the private deposit contract between buyer and seller.

It normally records the agreed purchase price, the amount already paid, the deadline for completion and other important conditions of the transaction.

A deposit of around 10% of the purchase price is common, although the exact amount is negotiable.

The consequences of pulling out depend on the type of arras contract signed. Under the commonly used arras penitenciales, the buyer who withdraws normally loses the deposit while a seller who withdraws must return twice the amount received.

That is why this is not a document to sign casually. The wording and type of contract matter.

6. Get your finances and paperwork ready

While the legal work is taking place, you will also need to make sure the practical side of the purchase is ready.

For international buyers, that can include:

• obtaining your NIE number

• arranging a Spanish bank account if required

• organising international currency transfers

• securing mortgage approval if you are borrowing

• arranging funds for taxes and purchase costs

• and deciding whether you will attend completion personally or give your lawyer Power of Attorney

If you are using a Spanish mortgage, there are also additional lender and notary procedures before completion.

This is one of the reasons I encourage buyers to get their basic paperwork organised before they find the perfect property.

Once you have found the house you want, you do not want administration slowing you down.

7. Final checks before completion

As the notary date approaches, your lawyer will normally make sure everything required for completion is in place.

That might include checking that:

• the seller is able to transfer clear title

• any mortgage that needs cancelling will be dealt with

• community fees and taxes are up to date

• the agreed contract conditions have been satisfied

• the funds are ready

• and the final deed reflects what has been agreed

Depending on the circumstances, you may also want a final inspection of the property before completion.

If the property was supposed to be sold with certain furniture, fixtures or agreed works, this is the time to make sure everything is as expected.

8. You go to the notary

Completion in Spain takes place before a notary.

The buyer and seller, or their legally authorised representatives, attend to sign the escritura de compraventa, the public deed of sale.

The balance of the purchase price is paid and, assuming everything is in order, ownership is transferred.

And this is the moment everybody has been waiting for:

you get the keys.

The notary checks identities and the documentation surrounding the transaction before the deed is signed. If the buyer has a mortgage, the mortgage documentation is also dealt with as part of the process.

9. The work does not quite stop at the notary

After completion, your lawyer or representative will normally deal with the remaining administrative steps.

These can include:

• paying the relevant purchase taxes

• submitting the deed to the Land Registry

• transferring utilities

• changing community ownership records

• and ensuring the property is formally registered in your name

Registration at the Land Registry is an important final part of securing the buyer’s registered ownership.

The biggest mistake? Falling in love and switching off your head

Finding a property you love should be exciting.

But that is also the point when buyers can become tempted to rush.

The right approach is to do both.

Fall in love with the house.

Then let your lawyer, surveyor and agent deal with the less romantic details.

Because the objective is not simply to find a property you love.

It is to make sure you can buy it safely, on the right terms and without discovering unpleasant surprises afterwards.

And once all of that is done?

Then you can start deciding where the sofa goes.

This article is a general guide to the property-buying process in Spain and should not be treated as legal, tax or financial advice. Individual transactions can differ, so buyers should take independent professional advice.