Terms & Conditions

We represent you (the client), not the bank or any estate agency, and act in your best interest in connection with the purchase of property in Spain. Our mortgage and legal services are independent; you are under no obligation to use both.

We aim to provide a high level of service from start to finish and to respond to questions and requests in a timely and efficient manner.

VivaFinance acts as an independent mortgage intermediary. Products are sourced at the customer’s request and based on the financial information provided by the customer.

Every mortgage issued in Spain is subject to applicable legislation, including Ley 5/2019, de 15 de marzo, reguladora de los contratos de crédito inmobiliario.

• Documentation must be clearly readable, correctly named to reflect the contents, and not password protected.
• It is the client’s responsibility to ensure documentation comes from official sources and is not falsified.
• Documentation should ideally be in English or Spanish; other languages may require certified translations.
• If providing information for a second applicant/co-borrower, you confirm you have prior authorisation to share it.

You understand that any mortgage offer issued by a Spanish bank—directly or through an intermediary—is an offer in principle and remains subject (non-exhaustively) to:

• An official property valuation (appraisal).
• Legal due diligence on the property.
• Signing all relevant mortgage documentation.
• Additional review by the bank’s internal risk department and timely provision of any requested documentation.
• No undisclosed debts, unpaid debts, or sanctions.
• No adverse financial changes during the process.
• Possible changes in regulations or banking policy.

VivaFinance is not the lending institution and cannot control the lender’s internal processing or timelines. As intermediary, we will keep you informed throughout the process.

The property valuation is usually paid by the customer unless stated otherwise by the lender. Valuations are carried out by independent third-party companies.

If the valuation is lower than the purchase price, banks generally lend against the valuation. Additional funds may therefore be required.

If you cannot sign in person, a representative may sign on your behalf only with a valid power of attorney.

If you earn income in a currency other than euros, you accept exchange-rate fluctuations and agree to secure funds accordingly.

Duplicate submissions to different intermediaries or banks can affect an existing mortgage process. You must notify us if you already have a mortgage application in progress elsewhere.

Completion timelines depend on the bank, the lawyers and the seller’s representatives.

Deposits must comply with Spanish anti–money laundering regulations. Deposits financed through loans may be rejected.

FEIN & FiAE: The bank must issue the FEIN (Ficha Europea de Información Normalizada) and the FiAE (Ficha de Advertencias Estandarizadas) at least 10 days before completion. You or your representative must attend the notary to sign these documents.

If you choose to use our coordinated legal service, VivaFinance will put you in contact with an independent lawyer from our network. The legal service is provided and contracted directly between you and that lawyer. The lawyer is registered with a Spanish Bar Association and able to advise in English.

Your lawyer will verify the legality of the property, compliance with planning regulations, and the existence of a valid habitation licence. All relevant due diligence will be conducted.

The lawyer remains solely responsible for verifying the legality of the property, compliance with planning regulations, and conducting all relevant due diligence on your behalf.

Your lawyer will negotiate on your behalf on reservation and private purchase contracts. You remain responsible for signing unless a power of attorney is granted.

If you sign a reservation agreement before legal review, you accept the associated risk.

If the purchase is cancelled, your deposit may be lost unless otherwise stated in the reservation contract.

VivaFinance acts only as a coordinator and facilitator of the process.

VivaFinance is not responsible for information or actions carried out by third parties (agents, sellers, their representatives, or the independent collaborating lawyer).

Mortgage Service Fee

• No fee for obtaining an initial mortgage offer.
• €1,500 + VAT (21%) upon acceptance of a mortgage offer.
• 0.5% + VAT of the mortgage amount once binding documentation has been issued.

Legal Service Fee (Charged Directly by Collaborating Lawyer)

The legal service fee is agreed upon and charged directly by the independent collaborating lawyer. VivaFinance ensures the fee is fixed and confirmed to you before you sign the engagement agreement (Hoja de Encargo) with the lawyer.

Disclaimer: VivaFinance does not receive or process payments for the legal service fee. Any payment disputes or refund requests related to the legal service must be addressed directly with the collaborating lawyer.

Refunds (Mortgage Service): No refunds are offered for mortgage services provided and invoiced by VivaFinance.

For any questions regarding these Terms & Conditions, please contact us through the forms on vivafinance.es.

These Terms may be updated to reflect changes in law, regulation or services. The latest version will always be published on our website.