At Blue Key we help foreigners buy an apartment in Valencia. This article is the second episode of a serie of 4 articles about how to buy an apartment in Valencia. Previously we talked about how to search for an apartment in Valencia, the first piece of the puzzle. In this episode we will focus on the most important part: “legal assistance during the buying process“, and why you need a lawyer in Valencia. The other 2 articles in this serie talk about , “how to make money with your property“, and “how to manage your property“. Stay tuned!
You need a property lawyer when you buy in Valencia
In the previous episode of this series (how to search for an apartment in Valencia) we already explained how the real estate market in Valencia works. The Valencian real estate scene can be chaotic for foreigners. It is completely different from what most buyers are used to. As a foreigner it is important to surround yourself with good professionals. The market can lead to unpleasant surprises so be sure to contact a lawyer.
The job of the notary and the lawyer
While in many countries it is perfectly safe and common to buy a property without the help of a lawyer, that is not the case in Valencia. In many countries the “dirty work” is done by the notary but in Spain the job of a notary is much more limited and superficial. If you buy a property in Valencia (or in Spain in general) you need to hire a lawyer to be sure that the purchase is safe and the property is clean of debts and previous legal/tax problems.
The buying process
The typical buying process consists of 3 steps:
- Reservation contract
- Arras contract
- Signing at the notary
You need to engage with a lawyer before the first step: Once you have seen a property that you like and that you would like to bid on.
The total cost of the buying process
One of the things that the investor has to keep in mind is that any property purchase in Valencia involves an extra costs of around 15-16% over the purchase price. This includes taxes (10%), notary and property registration fees, paperwork administration, property agency commissions, and lawyer fees. If a loan is necessary extra expenses may apply.
Due diligence
When you buy a property in Valencia you need a lawyer that is involved from the first step until the last. In other words: You need the lawyer from the moment that you see an apartment that you would like to buy until the signature at the notary. Most property lawyers offer a standard package which includes:
1. Nota Simple research. This is the passport of the property which contains basic information about the property (owner, mortgages, metres,…).
2. Due Diligence: checking of debts and potential legal or financial problems/items.
3. Writing/ editing/ clarifying all the standard documents from the first contact with the real estate agency (reservation, arras).
4. Checking the necessity of previous debts cancellation and be sure about the registration of the current property status.
5. Checking and preparing the draft of the purchase deed with the notary.
6. Being in contact with the bank to prepare the bank cheques and financial details for the completion.
7. Personal assistance the day of the purchase signature at the notary.
Extra services
In case that you, or the deal, requires extra legal services (extension documents, private contracts, mortgage negotiations, getting NIE or Tax Administration register, extra visits or meetings, opening a Spanish bank account,…) often an extra fee (usually a fix price per hour) is charged.
Why do I need a lawyer, what can possibly go wrong?
A lot. You need a lawyer in Valencia to eliminate all risks related to buying a property.
The seller is not the owner
The one that is selling the property might not be the owner. Often a property is trying to be sold when the owner passes away, and the children are fighting over the heritage. This might lead to chaotic and stressful situations before and at the moment of the signing at the notary.
There are many debts attached to the property
This is very common, especially when an apartment has been empty or abandoned for a long time. There might be debts with the council (ibi), the building (cleaning/maintenance) or third parties (electricity – water – gas company). You need to be aware of these debts.
There are structural damages to the building
How do you find out about this? You need your lawyer to do a proper investigation with the “administrador de fincas”, the neighbours, and the council.
The land does not belong to the building
In some areas in Valencia, especially in Cabañal or Nazareth it is not unusual that the land on which the building is constructed belongs to the city. So in fact you buy bricks, but nothing more. You need a lawyer to clarify this.
The seller is not a Spanish resident
If the seller is not a resident in Spain you need to pay special attention, or you can find future tax issues. You need your lawyer to cover your back.
You are not prepared as a buyer
Buying a property in Valencia requires preparation. You need a NIE number and a Spanish bank account for example. This sounds easy but you need assistance to get it!
The best English speaking lawyer in Valencia
Mrs Tiscar Navarro is the CEO of Globexs / Blue Key and a reputed specialist property lawyer. Mrs Navarro has been assisting many foreigners buying a property in Valencia since 2010. With more than 15 years experience Mrs Navarro offers an impeccable service in English and helps you buy a property risk-free.
Service in English
How important is it to fully understand every concept and detail of your purchase? Having an English speaking lawyer is priceless!
How much does it cost?
The cost of a due diligence depends on the kind of property you buy, but is between 1950€ (+vat) and 1% of the purchase price.
Listen how other buyers experience working with Globexs / Blue Key
Why foreign investors prefer Valencia over Madrid or Barcelona
At Globexs / Blue Key we have written several articles already comparing Valencia to Madrid or Barcelona. Personally I am still convinced that Valencia is the best place to invest in Spain, because it is simply the best place to live in Spain. Of course that is a very personal opinion, and we totally respect people who disagree with this. We are also very fond of the north of Spain, and we love Gijon and Bilbao. They are great cities with lovely people but the weather is not great. Valencia seems to have it all: Metropolitan city, low crime, beaches, fabulous climate, large expat community, reasonable property prices, etc…
In this Blue Key blog you can read the article “Why foreign investors prefer Valencia over Madrid or Barcelona“, in which Clive Welland talks about the property prices, the local government and main attractions in Valencia. One of the most popular Globexs blog posts is “Why is it better to live in Valencia than in Madrid or Barcelona“. This article was first published in 2017 and updated in 2020.
Useful information regarding Valencia
Every day we receive questions from foreigners who want to move to Valencia or buy an apartment in Valencia. We are committed to helping anyone with an interest in Valencia. We have created a webpage with useful information for expats and digital nomads in Valencia.
The full circle
At Blue Key we help foreigners buy an apartment in Valencia. We close the circle for foreign investors with a customized service from A to Z.
1. Property search: We explain to our customers how to buy an apartment in Valencia. We explain the process and the steps to follow. We guide you in your search and tell you which areas to prefer or avoid, and we give you an idea of potential rental income.
2. Legal assistance: Our lawyers guarantee a minimum risk investment. You need an independent lawyer in Valencia when you buy an apartment. At Globexs / Blue Key we are independant from all real estate agencies and therefor we are in the best position to cover your back and minimize the risks.
3. Return on Investment: Globexs’ core-business are mid-term expat rentals. Once you have bought an apartment in Valencia we can offer it to potential tenants and give you a decent return on investment.
4. Property management: We maintain your apartment in Valencia in perfect conditions, even if you do not use our rental services. Our sister company Nestor is a property management company that handles cleaning, maintenance works and decoration of apartments in Valencia.
Get in touch with your english speaking lawyer in Valencia
It is easy to get in touch with us: Send us an email to [email protected], or simply pass by our office in Ruzafa (Calle Pintor Salvador Abril 35, Valencia).
