Lately, friends have been asking me if it’s possible to help their parents or relatives back in China buy a property here in Spain. The answer is yes, but the process is definitely more complicated than buying for yourself. I just went through it all for my aunt and learned a few things the hard way, so I’m sharing my fresh experience today to help anyone else in the same boat.
The Core Document: Power of Attorney
In the entire proxy-buying process, the most crucial document is a legally valid Power of Attorney, or Poder General para comprar in Spanish. This document legally grants you full authority to act on your relative’s behalf in the property transaction, including viewing properties, signing contracts, making payments, and handling property registration. This document must be issued by a notary office in China and then undergo double legalization. Remember, it’s vital to use an experienced notary office and to clearly define the scope of authorization, for example, ‘authorized to purchase real estate located in Spain,’ to avoid the document being rejected in Spain due to unclear terms.
Key Steps and Material Preparation
Getting the POA is just the first step; there’s a lot more to do. I’ve compiled the main process and required items into a table for your reference. Feel free to adapt it to your own situation:
| Stepselling a property in Spain | Main Task | Key Materials / Notes |
|---|
| 1. Apply for NIE | Apply for a Foreigner’s Identity Number (NIE) for the purchasing relative | Requires the original POA, a copy of the relative’s passport, and the EX-15 form. You can apply on their behalf. |
| 2. Open a Bank Account | For receiving funds from China and paying for the property | Some banks require the person to be present, but you can open it on their behalf with the POA. Confirm with the bank manager in advance. |
| 3. Proof of Funds | To prove the legality of the purchase funds for anti-money laundering (AML) checks | This is the trickiest part |
| ![/size] You’ll need to prepare the relative’s bank statements, proof of income, tax certificates, etc. |
| 4. Sign Reservation/Purchase Contract | Sign legal documents on behalf of the relative | Bring your residence card, the original POA, and copies of your relative’s NIE and passport. |
| 5. Payment and Title Transfer | Complete the transaction at the notary’s office (notaría) |
| All payments must be made from the bank account opened in the buyer’s name. |
I want to especially emphasize the proof of funds. Spanish banks are now extremely strict with anti-money laundering checks. Every large sum of money transferred from China can be scrutinized, a process also critical when selling property in Spain by proxy. Therefore, have your relatives back home prepare their bank statements and proof of employment/income for the last year in advance, and have them translated into Spanish. If the funds are short, don’t even think about borrowing from friends to make up the difference. If the source of funds cannot be clearly explained, the money will be frozen, the property purchase will fail, and the whole deal will be dead in the water.
Buying property on behalf of a relative is feasible, but it requires immense patience and attention to detail. The entire process involves the different legal and financial systems of China and Spain, with the double legalization of the POA and the proof of funds being the two main hurdles. If you’re not completely confident, I recommend consulting a professional lawyer or a gestoría. Although it costs money, it can save you a lot of trouble and prevent the transaction from failing due to documentation issues. I hope my experience helps, and I wish you all a smooth and successful home-buying journey!
