4.2 Preliminary searches
Once an offer to buy is accepted by the seller and
before signing the sale and purchase contract,your
solicitor will make pre-contract searches and enquiries
that are specific to the particular transaction.Also,your
solicitor will need to have access to the Title Deeds in
order to check that the seller is the registered owner
of the property and is entitled to sell the property free
of any charges,encumbrances,mortgages,restrictive<
covenants,tenants and occupiers ´rights.
All documents need to be examined in detail to ensure
that there are no matters adversely affecting the property.
In some circumstances,various other documents may
need to be checked to make sure that there are no local
authority notices,which affect the property.Your solicitor
should report to you in writing with the results of his
findings,explaining all the significant points.
If for any reason you are not using the service of a solicitor, at least make sure that the following investigations are carried out:
Ask the seller for a true copy of the Title Deed,known
as the “Escritura ”,which is signed before a Spanish
Public Notary.Do not rely on purchase documents,
which are not witnessed by Spanish Public Notaries. Under Spanish law,purchase contracts that are not
witnessed and issued in front of the Notary Public
will not have been produced to the Land Registry for
registration.
Apply for a Land Registry office copy entry to make
sure that the property is duly registered in the seller ´s
name and to find if there are any registered charges
affecting the property.Be aware,that if there are any
registered charges or mortgages affecting the property,
the law makes the new purchaser liable for them.It
they need to be discharged before
completion.
It is very common that the office
copy entry may reveal some “tax
warnings ”.Most of the properties
are by law charged with an entry
at the Land Registry issued by the
Inland Revenue.It does not mean
that there is something wrong but
the necessary checks need to be
carried out.
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