Understanding the property buying process in Spain is essential, particularly for international buyers unfamiliar with the Spanish system. At Target Property Spain, one of the most common questions clients ask is how the buying process works from start to finish.
While the process differs from many other countries, it follows a clear and structured path designed to protect both buyer and seller. Below is a straightforward explanation of each stage, from making an offer to collecting the keys.
Step 1: Making an Offer on a Property in Spain
Once a buyer has found a suitable property in Mijas Costa or elsewhere on the Costa del Sol, the first step is to make an offer. In Spain, offers are typically made verbally through the estate agent rather than in writing.
At this stage, an accepted offer does not create any legal obligation for either party. It simply confirms that both buyer and seller have agreed on a price and wish to proceed.
Step 2: Signing the Reservation Agreement
After the offer has been accepted, the next step is the reservation agreement. This document removes the property from the market for a short, agreed period—usually between 7 and 14 days—allowing the buyer’s lawyer to begin the initial legal checks.
The buyer will normally pay a reservation fee, often between €3,000 and €6,000, which demonstrates commitment and prevents the property from being sold to another buyer during this period.
Step 3: The Contrato de Arras (Private Purchase Contract)
The Contrato de Arras is one of the most important stages of the Spanish buying process. This private contract legally binds both parties and sets out the terms of the sale, including the agreed completion date.
At this point, the buyer usually pays 10% of the purchase price, minus any reservation fee already paid.
The contract includes penalties to protect both parties:
- If the buyer withdraws, the deposit is forfeited
- If the seller withdraws, they must return double the deposit
This structure creates security and ensures both sides are committed to completing the transaction.
Step 4: Completion at the Notary
Completion takes place at a Spanish Notary, where the final deed of sale (Escritura Pública) is signed. This is when the remaining balance is paid and legal ownership is transferred to the buyer.
Once the deed is signed:
- The buyer receives the keys
- The property officially changes ownership
- The purchase is legally complete
In most cases, completion occurs approximately 6 to 8 weeks after agreeing the sale. If mortgage financing is required, the process may take slightly longer.
Why Legal Due Diligence Is So Important
Throughout the buying process, the buyer’s lawyer carries out detailed due diligence. This includes verifying ownership, checking for debts or charges on the property, reviewing community documentation, and ensuring the property complies with planning regulations.
At Target Property Spain, buyers are always encouraged to allow sufficient time for this process, as it is a critical safeguard against future issues.
Expert Guidance When Buying Property in Mijas Costa
Buying property in Spain may feel unfamiliar, but with the right professional support, it is a smooth and secure process. Target Property Spain specialises in helping international buyers navigate every stage with clarity and confidence.
For expert advice on buying property in Mijas Costa, La Cala de Mijas, and the wider Costa del Sol, follow Target Property Spain or contact the team directly for personalised guidance.