Conveyancing – Selling a house; basic guidelines.

SELLING A HOUSE IN SPAIN

Even when someone may tell you that selling property is easier than buying,
we have to inform you that sadly this is a mistake; any failure providing
information to the purchaser or any mistake in the sale business may
end in a Law suit against you to get the contract declared null and void.

Therefore and in the same way we did for the purchase, we recommend you to use a Lawyer(Conveyancing expert when selling a Town House and Land Laws expert Lawyer when selling  a country home) who should be expert in this field, especially if your property is in rustic (agricultural) land. Our Independent Lawyers, experts in both, Conveyancing and Land Laws, will be pleased to help.

Before you even advertise your house for sale, please you have to chek that the Land Registry and Catastro information match with reallity, that way you will avoid further delays and costs.

As a vendor, your obligation is to provide to the purchaser the following documentation;

– Purchase deeds and Land Registry Certificate.
– Your personal identification.
– IBI local tax and rubbish collection bills for the current year.
– Last water, gas and electricity bills (and supplies installation bulletins, if having it).
– If your house is in a compund then, a certificarte from the Administrator proving that you are up to
date with all payments to the neighbours Association
– First (or second) occupancy licence.
– The House Energy Certificate.
– A certificate from the tax authorities informing if you are or you are not a Spanish tax resident.

In the private sale contract you will have to include any legal circumstance(s) that may be affecting the property. This is the key document for the vendor please, ensure it matches with reallity.

For better protection of your interests, we strongly recommend you that purchaser is visiting the house prior to the contracts signature. This visit should be mentioned in the contracts.

In reference to the expenses, you will have to pay the Mortgage cancellation costs at the Bank and at the Notary as well, and, you will have to pay for the local tax applied to the property updated value called (Plusvalia).

Once the house is sold and for the above mentioned Plusvalia payment, you should bring to your SUMA office or to your Town Hall a simple copy of the sale deeds in order to ask for the payment valuation.

In case the local tax (IBI) for the current year was not issued at the time of the sale then the purchaser will hold the money for it as its payment is your obligation.

If you are not a Tax resident in Spain then, the purchaser will also hold a 3% of the sale price in order to pay it to the tax authorities.

And please remember; seller and purchaser should not use the same legal adviser or conveyancing expert.

Connie Raymundo – Lawyer & Barrister at Alicante Solicitors > Raymundo & Hopman.

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