My name is Ask Spain

YOU HAVE A BUYER FOR YOUR PROPERTY, BUT CAN YOU SELL?

 A number of years ago, I offered to take on the conveyance on the purchase and sales of properties in Spain, this at reduced fees.  When contracted by a client, we would firstly negotiate my fees.  I am learning that this is not a wise move on my part.  I would then commence on the process of submitting requests for the legal documentation required.  Sellers should be aware that the law insists that the real estate companies should, amongst other things, be in possession of the vital ‘nota simple’.  Unfortunately my services are called upon usually after; the two parties, (vendor and purchaser), with the help of the real estate involved have reached an agreement.

 What can go wrong?  Most appear not to read the ‘nota simple’.  This document is crucial.  You can of course check the details of the property on the title deeds.  This document will have been drawn up and registered, when the property was previously bought, by the now would be vendor.  Many years may have passed and the status of the property changed.  It is a very common occurrence, for owners to either expand their home or change the layout of the dwelling, closing in a porch or a terrace here and there, changing the basement to provide an extra bedroom or bathroom, built a swimming pool, extended the kitchen or lounge.  

 Do not be surprised if these works, which are sometimes carried out with the use of an architect, are then never legally registered.  The owners may have even taken out a loan on the property to pay for the works.  The title holders may have unknowingly incurred a debt and now have a charge on the property.

For all the reasons mentioned above, and many more.  It is imperative to obtain an up to date simple note (and that is exactly what it is) and study it.  When I request an up to date copy, I will often find that the details of the property inscribed, (excepting for the address) will have no relation whatsoever to the property the purchaser has viewed and decided to buy.  Take note; just because a property is registered with its title deeds, it does not follow that it is legal to sell or that the promoter had a licence to build it in the first place.  This usually relates to older second hand properties but now often includes new builds.

Outcome: If the detail on the simple note does not match the property exactly, I could and have been faced with what could have been a fait accompli but has normally resulted in that I find myself, taking on extra and time consuming tasks.  It is very important to understand that property holders affected can lose the sale.  The willing buyer, who may have paid a reservation fee on your property, can now go elsewhere, if you cannot remedy the discrepancies rapidly.  Remember, that the person who is acting on your behalf and in this case myself, will now be subjected to all types of bureaucracy and extra expense to find the correct and legal solutions and to put these into place, allowing you to complete the transaction.

Anyone who is considering placing a property on the marketplace should be aware of all these facts, before walking into the first selling agent’s office.

SELLING AN OLDER PROPERTY

Lawyers of purchasers of properties in Spain, will now amongst the other documentation, ask for a certificate of first licence of occupation.  This is normally available with some hard work, from your local town hall.  Information for older properties will not be available on the computer systems but in one of the hundreds of old archives.  If this relates to your property, you will have to furnish the relevant planning department of a history of the property going back to when and by whom it was built.  There will also be cases that some properties will have been built, without obtaining this licence.