Buying a Property Through a Foreign Company
Client details have been changed or omitted to protect confidentiality. Every case depends on its own facts.
The situation
A foreign limited company wanted to buy a rural property in Castilla y León. On paper it looked like a standard purchase, but two features made it more complex: the sellers were not yet the registered owners, and the buyer was a foreign company.
The challenge
An unregistered inheritance title. The sellers had inherited the property under an escritura de adjudicación de herencia, but the inheritance had not been registered at the Land Registry. Before the purchase could safely go ahead, I had to establish the chain of ownership and confirm that the sellers were entitled to sell. This meant reviewing:
- the Nota Simple;
- the inheritance deed and earlier title documents;
- historical adjudications and previous court documents;
- Catastro information;
- discrepancies in how the property was identified and described.
A foreign company as buyer. A foreign company needs its own Spanish tax number (NIF) before it can sign at the notary. The Spanish Tax Agency and the notary must also see sufficient evidence of the company’s existence, its ownership and the authority of the people acting for it.
What I did
- Carried out Land Registry and Catastro checks and reviewed charges and the property description.
- Reviewed the inheritance title, the chain of ownership and the outstanding registration position.
- Reviewed the company documentation and obtained the company’s Spanish NIF.
- Dealt with the NIE of the company’s director where required.
- Prepared a Power of Attorney so that the tax, notarial and administrative steps could be handled in Spain.
- Assisted with opening a Spanish bank account and coordinated with the notary.
- Drafted and negotiated the Contrato de Arras, which set out who was responsible for regularising the Land Registry position and what had to be done before completion.
Why this matters
Proper legal due diligence is essential when buying property in Spain, especially where the title comes from an inheritance, a change of ownership has not been registered, or the buyer is a foreign company.