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Buying Seized Property in Spain: What You Need to Know Before the Deal

Profitable but Risky? All the Details of Buying Seized Properties in Spain

Purchasing seized property in Spain can be a way to save money, but it requires careful attention. In this article, we explain how the process works, which legal nuances to consider, where to find such properties, and what risks you might encounter.

In recent years, more people in Spain have been considering the purchase of foreclosed properties as a way to acquire housing below market value. Such properties are often put up for sale after their owners have failed to pay off debts, allowing creditors to sell the asset to recover funds.

Foreclosure is a legal procedure in which a court authorizes the seizure and subsequent sale of a property to settle outstanding debts. The process is typically initiated by banks, tax authorities, or other creditors. Once finalized, the house or apartment comes under the creditor’s control, who can then offer it on the open market.

Before deciding to purchase a foreclosed property, it is important to understand the specifics of such transactions. Various laws in Spain regulate the process of foreclosure and sale of real estate, and these laws may differ by region. This affects the timelines, transfer of ownership procedures, and possible additional expenses.

Special attention should be paid to the purchase agreement. For foreclosed properties, it may include specific conditions such as the procedure for handing over the keys, existing debts for utilities or taxes, and matters related to possible encumbrances. Sometimes, the former owner retains the right to buy back the property within a certain period, which can delay or even cancel the transfer of ownership to the new buyer.

Potential buyers are advised to thoroughly verify property information in the Land Registry. It contains data about owners, outstanding debts, legal disputes, and other important details. It is also essential to determine who the creditor is—this could be a bank, the tax authority, or a private company. This affects how the transaction will proceed and what terms can be negotiated.

Not all seized properties are actually sold at a reduced price. Before buying, compare the cost of the chosen property with similar listings in the same area to ensure the deal is advantageous. Sometimes the price may be close to market value, especially if the property is in good condition or a desirable location.

The most common way to purchase seized property is to participate in court or public auctions. You will need to register on the relevant platform, pay a deposit (usually 5% of the appraised value), and be ready to promptly pay the remaining amount if you win. Auctions are held electronically and typically last about 20 days. If there is no interest, the property may go to the creditor, who can then put it up for direct sale.

Buying repossessed property from a bank is often considered less risky. Typically, financial institutions resolve debt and encumbrance issues in advance and, if necessary, handle the eviction of previous occupants. The purchasing process in this case resembles a standard transaction: the buyer selects a property on the bank’s website or through an agency, undergoes a creditworthiness check, and discusses financing terms. Banks often offer attractive mortgage programs, including loans for 100% of the property’s value or extended repayment periods.

Before signing the contract, it is important to ensure that all utility and tax debts have been cleared, and that no one is unlawfully residing in the apartment or house. Sometimes, properties are still occupied by former owners, tenants, or even illegal occupants. In such cases, the buyer will have to handle the eviction themselves, which can take time and require additional expenses.

Purchasing repossessed real estate carries certain risks. These include hidden technical problems, the need for repairs, unaccounted debts, or ongoing legal disputes. Therefore, it is advisable to inspect the property personally, assess its condition, and, if necessary, consult a lawyer or real estate specialist.

Information about available seized properties can be found on specialized portals, in the relevant sections of bank websites, as well as in official publications of government authorities. Many platforms offer filters by region, price, and other criteria, making it easier to find a suitable option.

Purchasing seized real estate in Spain can be a profitable investment if approached responsibly and with careful attention to all details. It is important to assess potential risks in advance, thoroughly review all documents, and be prepared for additional expenses related to registration and repairs.

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