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.
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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.
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.
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 768The lawyers who will handle your purchase
José Manuel Tomas
Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382
José Rico
Family Law · Valencia Bar no. 12075
Mariano Ortuño
Valencia Bar no. 6041
Manuel Lopez de Andujar
Property, Inheritance and Donations · Valencia Bar no. 7773
Juan Poch
Property, Inheritance and Donations · Alicante Bar no. 3607
María Salvá
Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699
Antonio Rodríguez de Sola
Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374
Selling a property? See selling a property in Spain as a non-resident.
How we meetIn person in Jávea, or 100% remote
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
- You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
- A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
- We tell you the next stepWhat needs to be checked first, and which documents would help.
- We confirm scope and feeIn writing, before any work starts.
- 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