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Property In Spain
Selling a Property in Spain
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Legal Note - It should be remembered that the application of Spanish law varies considerably according to region and the circumstances of each individual and so this report can be treated as a general guide only and not as a substitute for qualified legal advice regarding any particular situation. Responsibility for acting on foot of this guide alone is entirely personal and no liability can be accepted by myAdvocate Spain. For a link to where you can get advice on your specific situation from expert legal practitioners in Spain please see the end of the guide.
Of course another, more traditional method would be to contract a local estate agent to market the property. As previously mentioned the biggest downside of this is probably the fact that the agent will charge a fee though it is worth pointing-out that this will normally be a portion of the sales price and therefore they have to be successful in order to benefit. During the boom-time it was possible for estate agent to charge as much as 18% of the sales price! As a result of the current slowdown and competition from internet based marketing models mentioned previously, margins have come back down to earth and it is quite normal to be quoted a fee of anywhere between 3% and 5%. One thing to be careful about when dealing with an estate agent is the possibility that they will request that you sign an exclusivity contract i.e. that you will not contract any other estate agent or company to market your property. While you can, without doubt, negotiate a lower commission rate if they are given exclusive rights to market the property this has to be balanced against the benefit to be gained by being able to market the property across a number of agencies and internet sites. Any contract, be it exclusive or otherwise should clearly state the commission fee the agent will charge for successfully marketing the property. One of the main benefits of contracting a local estate agent is the possibility of them being available to show the property when you may be out of the country. They will also know the best forms of local marketing such as which papers to place adverts in. But you would be advised to ask them what forms of marketing they will be using to market your property to get a better idea.
your lawyer to be present if they have full power of attorney. Payment is made typically with a bank guaranteed cheque though it may be possible to use the notary's escrow account. The public deeds will contain a detailed description of the property as well as contain the details of the purchaser, vendor, the price, form of payment and any other relevant conditions. Your lawyer will advise you on all aspects of the process so as to be sure that you are not in danger of being defrauded or somehow losing the property or signing terms that are disadvantageous to you.
Plusvala
This tax, similar to Capital Gains Tax is ordinarily the responsibility of the vendor as they have benefited from the increase in the value of the property since they previously bought it. This is not written in stone however and should the two parties come to an agreement it can become the responsibility of the purchaser to discharge this liability. In fact, where the vendor is a non-resident this liability actually shifts to the purchaser. Of course if the vendor is resident and reinvests the funds in another primary residence then there is no liability for plusvala. If however, the vendor is a non-resident then the purchaser is obliged to retain 3% of the purchase price and pay this to the tax office. Evidence of payment is demonstrated with a stamped copy of form 211 and the vendor can then deduct the same amount from the purchase price. IBI It may be the case that the vendor has already paid the local Council Tax or IBI (Impuesto de Bienes Inmuebles) for the full year, yet will only be in the property for a portion of that time. If this is the case then upon facilitation of receipts for payment of the tax, a vendor will be entitled to add this to the price of the property. In any case the purchaser will be anxious to see receipts for the previous and current years IBI as they are otherwise liable.
Utility Bills and La Comunidad Standard procedure requires the vendor to produce the latest utility bills that show that payment of these bills is up-to-date. The notary will usually request a certificate directly from the Community of Owners that payment of community fees is current and that there are no fees outstanding. In order to end your liability for the utility bills relating to the property it is necessary to transfer responsibility to the new owner. To do so it is simply necessary to contact the utility company and provide them with the new name and either NIE or passport number of the new owner. A bill with account number details etc will be necessary as well. In the worst case scenario the new owner will have to call in to the local offices of the relevant utility company with their identification and a bill to prove that it is a legitimate transfer though this is unlikely. Assuming that payments of the community fees are up-to-date then the next payment due will be sent to the new owners of the property. In all cases make sure to terminate all standing orders and it is probably a good idea to set-up a postal redirection which can be to any new address including outside Spain.
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