Offers are not legally binding and you should make some conditions such as:-

1. Check the Escritura (title deed) is correct and registered and the people who are selling the property are named on the Escritura.

2. Make sure the verbal description on the Escritura matches what you have seen (difficult in practice). You may need the assistance of a land surveyor (topografero) to provide a topographical report on the site to denote exact boundaries and size of plot.

3. Check the catastral reference on the escritura with the catastral plan at the town hall. This is a complete plan of all the registered properties in the area and clearly shows your plot with boundaries and position of any buildings. This should tally with what you have seen and what is described in the escritura. This is not always the case and indeed many professionals consider Catastral records as a disaster as they are often inaccurate.

4. Check the Nota Simple. This is the most important document as it is a snap shot of what is actually registered at the land registry. This is what you are legally buying and will show the legal owners. The Nota Simple shows the latest recorded details of any charges. There are many forms of charges – in Spain debts, charges or court orders are registered against the property rather than the person: these include hipotecas (mortgages), censos (ground rent or leasehold payments), usufructos (interests in the property), limitaciones
(restrictions on use),  multas  (fines),  cláusulas resolutorias (determinations, i.e.
decisions about the future of the property), or embargos (court orders for distraint or seizure).   

5. Have a survey carried out on the condition of the property (not legally required but advisable).

6. Check your finances. Budget for 10 to 12%% on top of the purchase price for expenses (tax etc.). Make sure you can get a mortgage for what you want (amount, term, interest rate, monthly payments). Some properties are not readily mortgageable here in Spain such as illegal builds, unregistered titles, newly registered title etc.

We have good banks and brokers to refer you to, who will help you, are able to speak English and more than likely will save you money in rates and fees. For example Spanish banks charge less than the English banks who set up Spanish branches aimed at English buyers.

7. Check with the town hall for the urban plan (PGOU or Plan General de Ordenación Urbana)  to check the zoning in your chosen neighbourhood and to see if there any planning applications are being considered. You should also check what you are buying conforms to the building characteristics for that area. You can check the rules for an area by asking for a copy of the normativas for your particual area or urbanisation. Most times these normativas are just one page of building regulations for example minimum plot size, maximum number of m2 that can be built, how high you can build, how far the house must be to your neighbours etc. If the property you are buying falls outside these guidelines find out why and whether it has the necessary legal paperwork to validate or justify the difference. Make sure these differences have been accepted and inscribed by the land registry.  One of my neighbours paid a lot of money for his house because of the great views only to discover  one week after completion that developers are building a 6 storey hotel IN FRONT of his house. With this situation the house may only be worth 50% of what he paid for it ! You have no rights to a view so do your homework. A PGOU changes every decade so make sure you check any proposed PGOUs for your area. Check if they are going to change the zoning of your area or put a new road through in front of your property. There are benefits and negatives to each change in land classification for example if your land changes from rustic ( agricultural or country land ) to urban land then it will be far more valuable ( sometimes considerably) however you may have to contribute to that change with a share in the costs of new roads, pavements etc. An additional check whilst you are at the town hall is to make sure that if you are buying on an existing and legally formed urbanisation has it been adopted by the town hall. This means that the town hall are responsible for repairs and maintenance of roads and pavements and that the local water authority have accepted responsibility of the water and sewage network. There are many unadopted urbanisations in Spain where the owners are making expensive improvements to their roads etc at their own cost.

8. Check what element of the transaction the seller wants undeclared (known as black money). Much less common than it used to be but nevertheless it happens. This is illegal but the Spanish don't generally like to pay tax if they can avoid it. This will effect the amount of mortgage you will be able to get and how much tax you will have to pay. This is sometimes done as a separate contract for fixtures and fittings. If you have under declared and paid some part of the price in black the tax office may well not accept your figure and ask you for more money. This can also happen if the house you are buying is a bargain (see below).

It is not law to use a solicitor or conveyancer but it is a good idea. Solicitors will charge 1% and conveyancers about 0.5%( min 1500). In the absence of a solicitor or conveyancer the agent will draw up a pre-sale contract (Pre contrato de compraventa) which will contain an arras agreement which means that should you back out thereafter you lose your 10% and if the seller backs out he must pay you your deposit back and another 10% penalty.

Here in Spain escrow accounts or protected solicitor client accounts are very rare, therefore you will normally be asked to hand over money to the seller. This is feels uncomfortable as it is not how it is done in northern Europe or in America. The best compromise we have found is to arrange a joint account in buyer and sellers name which is blocked. This is effective although many sellers feel uncomfortable as the law state s the money should be paid to them . A small compromise especially in a difficult selling climate. Be careful setting up these accounts as some banks make hefty charges to receive funds, setting up accounts and making bankers drafts for the final handover. If you are here on the Costa Tropical just send me an email to ask who is doing it cheaply at the moment.

If you want to make enquiries before signing you can nominate a power of attorney (poder) to act on your behalf here in Spain. It will cost about €60 and can be done at the notary´s office very quickly. This power of attorney must be wide ranging to deal with all your potential administration affairs but specific to your purchase. I am amazed at how many non time limited power of attorneys are lying at the bottom of agents desk.

At this point it is a good idea to apply for your Non-Residence Fiscal Identification Number (NIE- numero de identificacion de extranjero). You do this by presenting yourself to the nearest Police Comisaria with a foreigners department, with your passport, several photocopies and several passport sized photographs. Fill in the form and wait several weeks for your number to be assigned. You will need this to complete your house purchase. For the Costa Tropical this is in Motril. You will also need a non resident certificate which is only valid for two months.

Again this information barely scratches the surface and you will need the assistance of a solicitor or specialist gestior. This subject is also well covered in my favourite reference book, "You and the Law in Spain" by David Searl.