Illustrates how a retired couple planning to re-locate to Spain's Costa Tropical valley in 2006 found and then planned their dream village house, renovated it completely and stayed within budget. Their story begins in May 2004.

On relocating to the Costa Tropical by D & B Williams of Jete

We had been considering a move to Spain for several years, but the question was always - where?

The decision was made when my wife visited Almuñecar with some friends andwas immediately impressed by the lovely blend of coastline and mountains, the friendliness of the Spanish people, and of course the sun.

Our friends had already purchased a property in the area and recommended that we visit Tropicana Properties in Almuñecar, we did this and never looked back.

Martin and Bernard listened to what we were looking for and came up with several properties to view and all were well with in our budget.

We were looking for a village house, a short distance from the coast, and armed with the list to view, Martin took us to all of the houses and spent the best part of that first day with us.

After a couple of days consideration, we decided on a house in the first village of the Tropical valley - Jete. However, although was in need of quite a considerable amount of reformation, we could see beyond this, and our imagination highlighted for us not only what the house was but more important what it could (and) would be.

We paid Tropicana Properties an initial 1,000 euros as a holding deposit. They, at the same time, arranged us to meet with a Spanish lawyer (who spoke English), and who went on to explain, in full detail, the exact process of purchase and the costs that we would expect to be involved. It is very important to have this clear from the start. We were made fully aware by both Tropicana and the lawyer that the house was a family inheritance and that no title deed (escritura) [#1] had yet been made by the family. We had heard that this was quite the norm with country and village properties, but our lawyer assured us that not only would he make a thorough search and check the inheritance legality of the family's entitlements; but also, and more important, for our own peace of mind he would not offer the family any monies towards the sale price until he was absolutely sure of a completion date.

Now we had to be prepared to pay the 10% of the purchase price within a period of 3 to 4 weeks on from paying the initial holding deposit. This period was to allow the preparation of the Private Contract between ourselves and the five surviving family members - our vendors. Our lawyer stressed that when purchasing a re-sale property in Spain all members of the vendors family have an interest and all have to agree to the signing. More important he convinced us that he would hold these funds in an escrow account [#2] on our behalf until such times as all the family had signed - this was because one of the inheritants lived in northern Spain and that she was organising a power of attorney with the rest of the family, via a local notary public [#3] in her town.

We signed the Private Purchase & Sale Contract and paid the balance of the 10% deposit -and this was the start of the waiting game. This was needed to establish that the title deeds (escritura) would not be contested by any third party, the deeds publication at the town hall and also to assure full property registration at the local Land Registry. This can take usually around 6 - 12 months, but in our case it took very much longer (not much short of 18 months).

One of the vendors family died during the process ,and so the paper work had to be re-presented through the Spanish courts to establish and remove the deceased name and include her remaining children into the exchange of ownership. It was one of the most frustrating experiences aswe were so close to completing, but nevertheless the delay proved provident because we had a contractual sale agreement; and despite the market price rises over the subsequent months we paid no more money for this delay.

In our experience from initial thought to actual re-locating; we took around 2 years from start to finish. Nevertheless we used the time wisely not only successfully selling our property in the UK, but also to organise a daughters wedding before moving, and to prepare in advance the plans and renovations for our new home in Spain.

Soon after signing for the property in September 2005 we appointed a well-known local Spanish builder to do the reformation work for us, and working with our designs and ideas he managed to complete the house within just 3 months. We are now happily living in our new home for some time and have made many friends of all nationalities in the village.

Despite this long experience we are very happy, the climate is perfect and our family come to visit us often. We love our house, and see as much of our grandchildren now as we ever did...

We would like to say that, throughout the process, Martin, Bernard and all the staff at Tropicana Properties gave us all of their support and guidance freely; without which life here could have been a tad more confusing and difficult. Thanks to them all...

NOTES:

[#1]Escritura: In order to be valid, any property title deeds in Spain need to be signed and authorised by a Spanish notary. Following this they can then be recorded in the Property Ownership Register and are formal, legal proof of the ownership and characteristics of any property. The deeds for a property will include the following information, much of which should also appear in the private sale contract agreement:

• The names and identification of both parties (normally the seller and buyer)
• A detailed description of the property
• Proof that the seller is officially registered in the Property Ownership Register as the owner and is named as such on the previous deeds
• The value of the property
• Any burdens attached to the property
• Proof that payment of any communal charges is up to date
• The sale price and method of payment

The notary is responsible for reading and explaining the deeds in the presence of both the buyer and seller before the deeds are signed and of making sure that the information is correct.

Because of the close collaboration between notaries and the Property Ownership Registry then there is little room for fraud or errors and offers peace of mind to the buyer that the sale is legitimate and the property is free of any hidden burdens. Nevertheless, while no system is perfect, anyone considering buying property in Spain would be well advised to hire a lawyer who will check all the details before the deeds are signed and the exchange of ownership takes place.

[#2]Escrow account - is a legal arrangement in which an asset (often money) is delivered to a third party (called an escrow agent) - the lawyer - to be held in trust pending a contingency or the fulfilment of a condition or conditions in a contract such as payment of a purchase price. Upon that event occurring, the escrow agent will deliver the asset to the proper recipient(s), otherwise the escrow agent is bound by his or her fiduciary duty to maintain the escrow account.

[#3]The Notary Public - is an officer who can administer oaths and statutory declarations, witness and authenticate documents and perform certain other acts depending on the jurisdiction. Generally speaking, a notary public in Spain has powers that are far greater, and more independentthan a legal representative. Notaries are required to undergo specific training in the performance of their duties; and will regularly receive up-dates form other State departments concerning fiscal and legal issues. Many must also first serve as an apprentice before being commissioned and licensed to practice their profession. Even licensed lawyers (such as barristers or solicitors) must go through additional specialized notarial training and apprenticeship before being allowed to practice the profession of a notary.