Mj Carrillo Lawyers. Spain

Second Hand

Second Hand Properties

Before signing anything

Once you have decided which property really suits you, it is essential you check the following documentation before signing the contract or making a deposit to reserve the property:

  1. You should ask for a simple note at the Property Registry, so that you can get the full details of the owner, the exact size of the property, and whether the property is free of charges or is otherwise subjected to mortgages, restrictions on use, court orders for seizure...In case of existence of a mortgage on the property, make sure than the seller justifies that the payments are updated, otherwise the bank could seize the property.
  2. Check whether the house is rented out as the Spanish rental law protects the tenants. For that purpose, make sure that the purchase contract states that the house is not rented out.
  3. If you are thinking of buying an apartment, you may ask the President or Administrator of the Community of Property Owners, whether the monthly community fees are paid or not, since the buyer should pay any pending fees. Indeed, the seller must provide you with a certification with all the payments updated.
  4. You should also check on the paid up of the IBI (Impuesto sobre Bienes Inmuebles) a municipal real estate tax, to make sure that its payment is up-to-date, otherwise the buyer should pay the back tax penalties.
  5. It is necessary to request the Tax identification code (Codigo de Identificación Fiscal- CIF) and the Spanish Company Register, in case the seller is a private developer. In case the seller is an Estate Agent, they must provide you with its number of estate agent professional Association.

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