What did we review before you pay the deposit?
Our «Due Diligence» (Legal Audit) is a comprehensive scan of the property's legal and physical situation. We do not sign reservation agreements until we have verified:
1. Property Registry (Hidden Encumbrances)
The informative Nota Simple is not enough. We analyse the property's registration history to detect uncancelled mortgages, precautionary liens, rights of way, or prohibitions on disposal that could block a sale.
2. Urban Planning Situation (Seville Urban Planning Department)
Essential in chalets, penthouses with terraces, or ground-floor flats with patios. We check if there are any open urban planning disciplinary proceedings, if the property is «Out of Planning Regulations,» or if the actual built-up area matches the legal one.
3. Community debts and property tax
We request up-to-date certificates from the Estate Manager and the Town Hall. If the seller owes money to the community or local taxes (IBI, Rubbish), those debts are broadcast with the house And you would be responsible for paying them.
Arras Penitentials vs. Confirmational
The 'arras' contract is not a simple receipt; it's a purchase and sale agreement with legally binding effects. Making a mistake in the type of 'arras' can be very costly.
Penitential Fines (Art. 1454 Civil Code)
These are the ones we recommend at FA Abogados. They allow for legal withdrawal:
• If you (the buyer) withdraw, you will forfeit the deposit paid.
• If the seller backs out, they must return to you the double of the signal.
Confirmatory Clauses (Danger)
If you sign these preliminary contract deposit documents, He cannot back out losing the signal. The seller could legally force you to buy the house or pay the full price, even if you no longer want it or don't have the money.
Real-life purchase and sale cases
«The Illegal Attic (Triana)
- The Finding The client was going to buy a beautiful penthouse. Our urban planning audit revealed that the terrace had been enclosed without a licence and had an active demolition order that was not registered.
- The Solution: We put the immediate purchase on hold and negotiated a 30% reduction in the price to cover the costs of legalisation and the planning penalty.
«The Hidden Debt (Heritage)
- The Finding Property apparently free of encumbrances. Upon reviewing the chain of title, we detected a pending «fiscal encumbrance» from a poorly settled previous inheritance 3 years ago.
- The Solution: We retained the estimated amount of the tax debt from the purchase price to protect the buyer from any potential liability derived from the Tax Agency.
«Golden Visa» (Foreign Investor)
- The Challenge US citizen wanted to buy a villa in Seville for €600,000 to obtain residency.
- The Solution: We manage the purchasing and selling of properties, obtaining the NIE (Foreigner Identification Number) at the Foreigners' Office, and the complete processing of the investor visa (Golden Visa) in one single procedure.
Purchase and sale expenses in Andalusia (Simulation 2026)
As well as the price of the property, you must set aside funds for taxes and expenses. In Andalusia, the general scenario is as follows:
| Concept / Expense | General Type | Reduced Rate (Young People, Disability…) |
|---|---|---|
| ITP (Transfer Tax) Second-hand housing | 6% – 7% (Depending on value). | 3.5% (Under 35s, main residence Under £150k. |
| VAT (New Construction) (First Broadcast) | 10% | 4% (Social Housing / Special Scheme). |
| Notary and Registry | According to the tariff (approx. €1,000 – €1,500). | Small reductions for subsidised housing. |
| Accountant / Lawyer | Free Fees. | Budget closed (FA Lawyers Pack). |
