The castle and bay of Moraira, Costa Blanca
Conveyancing · Buying and selling property lawyers · Jávea, Costa Blanca

Property Chains in Spain: Selling and Buying at the Same Time

30+Years of Experience

Selling one home to buy another, in Spain or between the UK and Spain? We coordinate both transactions so that your deposit is never at risk.

Same-day reply, personally from a lawyer.
Scroll
TOMAS BALLESTERO LAWYERS
Lawyers · Jávea · Costa Blanca · Since 1992
0Established
0Years in practice
HundredsProperty transactions
0Google reviews
How can we help?

Choose what you need

Buying or sellingA villa, an apartment or a plot in Jávea. Checks, contracts and the notary.See more →InheritanceYou have inherited a property or a bank account in Spain.See more →Gifting a propertyPassing your property in Spain to your children during your lifetime.See more →

Selling one home to buy another, on the Costa Blanca or between the UK and Spain? Tomas Ballestero Lawyers coordinates both transactions so that your deposit is never at risk and you are never left without a home. We are independent conveyancing lawyers in Jávea, with an associated office in Dénia, acting for buyers and sellers in Jávea, Dénia, Moraira, Benitachell, Benissa, Calpe, Altea and Valencia.

The chainWhat a property chain is

In England and Wales, when you sell one home to buy another, your sale and your purchase are linked: your buyer may be selling too, and your seller may be buying. Each link depends on the next, and the whole chain moves together. That is what British buyers mean by a “chain”.

The riskSpain has no chain

In Spain there is no chain system. Every sale stands on its own, and nobody waits for anybody else. What binds the parties is the deposit contract, the contrato de arras: from the moment it is signed, if the buyer walks away he loses the deposit, and if the seller walks away he must return it doubled.

That is the real risk for anyone selling to buy. In Spain the arras deposit is usually 10% of the price: on a €500,000 home, that is €50,000. If you sign arras on a Spanish purchase counting on a sale that then falls through, that money can be lost.

The answer is not to avoid buying, but to plan the two transactions together before you sign anything, and to negotiate and agree every point — dates, deposit and conditions — with the seller of the home you are buying and with the buyer of the home you are selling.

A lawyer of Tomas Ballestero Lawyers meeting a client at the office in Jávea
Both transactions planned together, before any deposit is signed.

From the UKSelling in the UK and buying in Spain

Your UK solicitor deals with your sale in England; we deal with your purchase in Spain; and we agree the dates with both. Your UK solicitor will tell you at what point your English sale becomes binding, and we build the Spanish timetable around that point.

  • Sign when it is safeThe Spanish arras are signed once your UK sale is secure.
  • Room in the datesA completion date in Spain that leaves room for your UK completion.
  • A condition in the arrasWhere the seller accepts it, a clause linking your purchase to your sale.
  • The moneyWe plan how and when the funds arrive in Spain, so that they are in place on the day you sign at the notary.

On the Costa BlancaSelling and buying in Spain on the same day

If you already live on the Costa Blanca or in Valencia and are moving from one home to another, both deeds can be signed at the same notary on the same day: first the sale of your current home, then the purchase of the new one. The price you receive pays for your new home, and any mortgage on the house you sell is cancelled at the same signing.

We prepare both files side by side, align the dates in both arras contracts, and coordinate the buyer, the seller, the estate agents, the banks and the notary.

If you are not resident in Spain, the buyer of your home withholds 3% of the price and pays it to the Spanish tax authorities on account of your tax. We plan for it from the start, so that the money for your purchase is there on the day.

Before you signWhen the dates cannot be matched

If your sale is not yet secure, we tell you before you sign anything, not after. The options are usually to wait, to negotiate a later completion date, or to make the purchase conditional on your sale. You decide with the full picture in front of you.

A lawyer of Tomas Ballestero Lawyers explaining a procedure at the office
Each step explained before you sign.

Our roleHow we help

  • Checks firstLegal checks on the property you are buying, and on the papers of the one you are selling, before any deposit is paid.
  • Two contracts that fitBoth arras contracts drafted or reviewed, with dates and conditions that fit together.
  • CoordinationWith your UK solicitor, the estate agents, the banks and the notary.
  • The moneyA plan for the funds: when they arrive, from where, and what is withheld.
  • CompletionBoth deeds signed, in person or by power of attorney.
  • After completionLand Registry registration, the 3% retention, plusvalía and the change of utilities.

Frequently asked questions

Can I make my Spanish purchase conditional on selling my home?

Only if the seller agrees. When he does, we draft the condition so that it is clear and enforceable for both sides.

Can I sell and buy at the same notary on the same day?

Yes. It is common, and we coordinate both signings.

What happens to my deposit if my sale falls through?

Under an ordinary arras contract the deposit, usually 10% of the price, is lost. That is why we plan the dates and negotiate the conditions before you sign.

Do I need to be in Spain?

No. Both transactions can be completed by power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

Where we work

From our office in Jávea and the associated office in Dénia we act for buyers and sellers across the Costa Blanca and in Valencia. See our conveyancing lawyers in Jávea, Dénia, Moraira, Benitachell, Calpe, Altea and Valencia, and the conveyancing process step by step.

Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French and Spanish.

Cannot travel to Spain?

With a power of attorney we complete every step on your behalf, from the first document to the registration of the property, remotely and safely.

Call +34 607 320 768

The lawyers who will handle your purchase

How we meetIn person in Jávea, or 100% remote

Centro Comercial Arenal, Avenida del Pla 126, Jávea
In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.
100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

  1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
  2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
  3. We tell you the next stepWhat needs to be checked first, and which documents would help.
  4. We confirm scope and feeIn writing, before any work starts.
  5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.

Conveyancing · Buying and selling property lawyers · Jávea

Buying or selling a property?

Tell us in a few lines what it is about. We reply the same day.

Tell us about your purchaseor call +34 607 320 768
Send us a message

Contact form

☎Call Us