Summer is coming to an end, and many foreigners are starting to plan their return to their home country after having enjoyed a great summer season in Spain.
It is interesting how there are so many places that, while the months of July and August are really full of people, tourists and sometimes it seems even difficult to get a place on the beach or book a reservation in our favourite restaurant, with the arrival of September they lose a large part of the population and are shown as a quiet and charming place.
In this sense, September is a month in which there is always an increase in the number of properties for sale in holiday resorts. Owners who, for whatever reason, once their holidays are over decide to put their property up for sale and, in this way, are in no hurry to sell it knowing that there are many months ahead of them until next summer.
When this happens, at least with our clients, it is very important that we make sure that the property meets all the legal requirements to be able to put it up for sale.
Do you know what they are? We will tell you.
What do I need to know in order to sell my house?
First and foremost, the most important thing is to make sure of the legal situation of the property.
We can assure you that it happens more often than you might think, that a property is not registered in the seller’s name, or even that there are outstanding payments that were not properly paid off at the time of purchase, such as liens or mortgages.
So when we are putting a property up for sale we must ensure that we comply with the following:
Registration in the name of the seller: it is necessary to check that the property is actually registered in the name of the seller. If this is not the case, it is essential to locate the original deed of purchase to ensure that it is duly registered.
In the event that the property has been inherited, but is still in the name of the deceased person, it is necessary to carry out the inheritance procedure in order to put the property in their name.
Checking that all payments are up to date: when we are going to put a property up for sale, it is necessary to check the situation of withholdings and liens on it. However, it is necessary to differentiate between two cases:
- If the outstanding payments are known or belong to the seller, it is necessary to manage their cancellation upon completion. For example, the cancellation of the mortgage contracted to purchase the property or a lien from the town hall or the community of owners if the local taxes or community fees have not been paid.
- If the expenses are unknown and do not belong to the seller (for example, the previous seller’s mortgage that was not duly cancelled when the house was purchased) it is essential to know why this was not done at the time and to locate the appropriate documentation to process the cancellation of these liens at the land registry.
Is the property registered correctly in the land register?
Apart from this, we must not forget to check that the description of the property in the land register coincides with the land registry and reality, especially in the case of rustic properties or detached villas. We explain it to you:
Many times there are circumstances that, since we acquired a property, we make changes or reforms in it, even additional constructions in the property (swimming pool, storage room, closed terrace, additional rooms…) that we have never registered in the cadastre or in the land registry.
In this case, it will be necessary to regularise the situation and carry out the necessary Escritura de Declaración de Obra Nueva (if you have the legal documentation) or the Declaración de Obra Nueva por antigüedad (if you built it without the appropriate permissions).
It is important to point out that not all constructions can be regularised due to age, so it will be necessary to study the situation to see if it can be regularised or not and the implications for the sale.
Do you want to sell your house? Let us help you!
The formalities, documentation or preparation of payments and contracts are really difficult to manage, even to understand, when you do not have the help of professionals or do not have any knowledge on the subject.
This is also often complicated when the seller is not resident in Spain.
At MAM Solicitors we have over 30 years of experience in assisting our clients and in dealing with all the necessary formalities.
In this case it is necessary to grant a Power of Attorney which empowers us to handle the various formalities we have seen and to sign on behalf of our clients.
If we can help you or if you have any questions, please do not hesitate to contact us.
