Posted: Sun Oct 22, 2023 9:12am
Paying a deposit of 3000 euro is common practice because you are basically asking the seller to take the property off the market for one month. This month will be used to complete the paperwork of the sales contract and have your lawyer do some checks on the property (is the title deed complete, no outstanding debts, no embargo on the property, etc). It also gives you time to take care of your 10% deposit of the total purchase price which you will have to pay after one month. If a property is classified as a touristico or if it has a habitacion certificate is something the real estate agent should be able to tell you. Please remember that most properties on Camposol (except for the majority of properties on sector A) do not have a habitacion certificate. Not paying the reservation fee might result in the seller not wanting to take his/her property off the market and possibly selling it to another buyer.
If a property does not have a habitacion certificate that does not immediately mean the property is illegal. In many cases you can aplly for a "license of second habitacion" which has the same legal value. You will have to apply for one at the town hall and have an architect do a structural survey and right up a report. Your lawyer can assist you with that. It might cost you 800 to 1000 euro to obtain one and it may take some time to get it done.
People should always remember that buying a house in Spain works differently than where they came from. Trust the proces and accept that in certain circumstances you will lose your deposit if your don't go through with the purchase (so ask your real estate agent exactly in which cases you will lose the deposit and let them put that in writing). Also keep in mind that in the end that 3000 euro is part of the total purchase price you have negotiated. You are NOT paying a 3000 euro deposit on top of the negotiated purchase price!! Just make sure that you ask the important questions before you pay anything.