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faqs

the big questions

There are some regional differences relating to property purchase in Spain. For example, purchase tax on resales is a flat rate 7% in Andalucía but a flat rate 10% in Barcelona. In Mallorca it starts at 8% rising to 13% depending on the property value. However, the questions covered below apply in all regions.

The Property Finders are buyers' agents, also known as property finders. We work exclusively for the buyer to find the right property at the lowest possible price. The seller engages an estate agent to achieve the highest possible price for their property. Part of their job is to disguise and downplay negatives that may be a deterrent. They will only be able to offer properties they have listed, usually in a well defined area.

As The Property Finders cover entire regions we can compare and contrast alternatives across several locations. An estate agent wants to sell something in their patch and doesn’t really care whether it suits the buyer or not. They always try to show properties in the most favourable light. If an estate agent tells me I can only view a property in the morning I am immediately suspicious. In all probability there is no afternoon sun and they are trying to disguise the fact. If an agent pushes for weekend viewings you can be quite sure traffic thunders past on weekdays! A buyer’s agent does the exact opposite. You can be confident The Property Finders will alert you to any negative aspects related to the property or its surroundings.

 

 

One of the big advantages of using a buyer's agent is the ability to compare and contrast locations in different areas. While it's true some buyers know exactly where they want to focus their search, many do not. 

As buyers' agents, The Property Finders are able to offer balanced and impartial advice about a variety of locations across an entire region. Then we use our intimate local knowledge to pinpoint the most likely options for each individual’s requirements. In contrast, estate agents want to sell in their area only and often make negative comments about other locations because they don't cover it. We really listen to our clients. So we often suggest locations many kilometres from where they originally thought they wanted to be because, based on their criteria, we believe it will suit them better. Sometimes, they hadn't even heard of the place in which they eventually bought!

Buyers' agents meet their clients before undertaking a property search. If an in-person meeting isn’t an option then a video conference call works just as well. A very detailed brief is essential for a successful search. We consider all the issues. What is the purpose of the purchase; permanent relocation, investment, business opportunity, rental income, holiday property? What is the budget? Buying agents help people stay focused and realistic. Once we have defined all potential locations we get to work researching and assessing what is currently available. Buyers' agents submit written reports of our findings so you can short-list what you want to see. Then, and only then, do you need to travel. You won’t waste time viewing unsuitable properties so the trip can be very focused over a couple of days.

Yes and no. In the tourist hot-spots of cities such as Madrid, Barcelona & Málaga, which means the historic centres, The Property Finders advice is to forget about it - all have freezes and no new short-term letting licences will be issued for the foreseeable future. Away from the cities, in general it is possible but if you buy a property without an existing licence you will have to get one and also seek permission from the Community of Owners to do so. They can refuse and, in addition, many Communities are seeking to get this type of rental banned at the Annual General Meeting.

However, a recent ruling by the regional government in Andalucía, the Junta, has clarified a couple of points which helps buyers in that region. They ruled that a licence is granted to a property that meets the regulations, not an individual, and therefore, an existing licence stays with the property and a new owner may let short-term if they wish. Furthermore, any subsequent ban by a Community of Owners does not cancel a tourist rental licence providing the licence predates the ban. For more detail read this blog.

Nevertheless, The Property Finders suggest keeping up-to-date with what's going on in the tourist letting sector if it is relevant to your property criteria as this ruling can be appealed and may fall. If it stands, I would expect prices of properties with a letting licence to rise and other regions to follow suit.

In the more established coastal areas a buyer's agent may contact estate agents they know and trust. And a buying agent is often approached in advance of a property coming to the market, which allows their client to be 'first in the door'. But buyers' agents also have extensive networks of contacts to see what properties are available privately or 'under the radar'.

In the more rural areas a buyer's agent will know who the local runner, or ‘corredor’ is in that particular area. We can also do targeted mailings to find potential sellers in specific developments which match the criteria. 

The final step in the purchase process in Spain takes place in front of a notary. Both the seller and purchaser are present or represented by means of a power of attorney. The escritura will be signed, the keys and monies will be handed over and that’s it. Many property buyers from overseas give their lawyer a power of attorney which covers things like applying for the NIE. This is the fiscal identity number which buyers need before completion can take place. And the lawyer can also transfer utilities after completion, otherwise you must to do this in person. A buyer's agent stays involved right through to the end of the process and beyond, whatever is needed to turn your property into a home.

There really isn't an 'average' search. However, once a buyer's agent  knows what the brief is they can make a rough estimate. Some searches involve inspecting a lot of properties in more than one location while others might throw up just a couple of options. We usually ask for at least 6 - 8 weeks for the initial search, to enable us to research the whole market. This will include properties not listed with estate agents and 'under the radar' properties not openly for sale. Every property matching the brief will be inspected externally, to check the environment in general and looking for any negatives that need flagging up. Then internal inspections follow and those properties that make the grade are shortlisted for viewing. As a buyer's agent works to match the client's criteria exactly, the client can be confident there will be no wasted viewings.

Free property finding services are a myth. A buyer's agent lose the ability to give independent and impartial advice if the seller pays our fee. We work exclusively for the buyer so there is no conflict of interest between buyer and seller. Estate agencies do not actively search for a property on your behalf, no matter what they say. And an estate agent can only access properties if the seller is willing to pay a commission, which private sellers are not.

In almost every case, The Property Finders save their clients money. Add up the cost of a few wasted viewing trips, never mind the time it all takes. Best of all, we know how the system works. We are convinced we will negotiate a better price than you could on your own. Buying agents like The Property Finders regularly save their clients considerably more than the value of our fees in this aspect alone.

In Spain, incorrect title deeds cause most of the problems for buyers. However, it is not the estate agent’s responsibility to resolve these issues for the buyer. There are no disclosure laws in Spain so it is up to the buyer to know what to ask. We do that for you at the outset. Trying to rectify discrepancies after completion is often difficult or impossible and usually expensive.

Buyers' agents do not take the place of a lawyer and always recommend you appoint your own legal representative. But they do double check everything. The media love a good disaster story but these are always the result of failure to do good research and a thorough investigation of all the issues.

It does now. Announced in 2022, the details were published in early 2023 and the scheme is now operational. Only available to non-EU citizens for up to 5 years, after which permanent residency is a possibility. An eye-catching feature is the 15% tax rate available under certain circumstances. 

Yes, and the Spanish tax authorities are determined to stop evasion. The flat rate is 25% of net income.

Yes, Capital Gains Tax is 19% for all E.U. non-residents while it is 35% for non-E.U. individuals or entities. And if you decide to become resident in Spain it will still be 19%, irrespective of nationality.

This only applies to non-residents. It ensures that the seller pays any Capital Gains Tax due.  The retention is 3% of the amount declared in the escritura at the time of sale. In effect, the retention is a down payment of the Capital Gains Tax owed.  It is the responsibility of the buyer to pay this to the tax authorities within 30 days of signing the escritura. With a power of attorney your lawyer can do this for you. Hacienda then has 6 months in which to calculate the actual CGT due and to return any overpay. Of course, they can also claim any underpay.

Yes. The one that will most affect property buyers is the obligation to include the method of payment within the escritura. Previously, buyer and seller simply had to swear to the notary that the full purchase price had been paid and received. Now they have to state in the deeds how it has been paid. Failure to do so will mean that the property cannot be registered in the new owner’s name.

In spite of horror stories in the media the property buying process in Spain is actually very simple and transparent. Once you choose a property the normal practice is to pay a small reserve deposit to ensure the seller takes the property off the market. This allows time to make the necessary legal enquiries. This reserve deposit be as little as 1,000 € in the country areas or as much as 10,000 € in the prime coastal areas. Meanwhile, your lawyer requests the Nota Simple, a reduced version of the Title Deed or escritura.

A private contract is not a legal requirement in Spain. In fact, many Spaniards dispense with this stage and go straight to the notary to sign the escritura. However, most overseas property buyers need time to arrange transfer of funds or organize a Spanish mortgage. So, when the buyer is from overseas a private contract between the seller and buyer is the normal procedure. Expect to sign this within 21 days of negotiating the price. At this time the buyer pays 10% of the agreed price, less the reserve deposit amount already paid. The transaction is now binding on both sides. If the buyer subsequently defaults they lose their 10% deposit. However, if the seller pulls out Spanish law requires that they return double the 10% deposit.

Not any more.  The scheme was abolished on April 2nd, 2025. However, existing Golden Visas will continue to be recognised as long as the holder maintains the investment that got them the visa in the first place. 

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