If the legal situation of the house is correct then you can put it on sale.
If you are making a direct sale (with no agent involved) your solicitor should prepare the reservation / sale contract, ensuring that the conditions agreed are the one to be written in the contract and incorporating the proper penalty clauses in the event the buyer fails to complete the sale.
If you are going to sell the house through a state agent, then you need to fix with the agency the particular conditions of the sale (minimum sale price, commission the agent will receive on the sale, exclusivity or not, duration of the mandate of sale). It is convenient to sign with the agency a mandate of sale stipulating all those criteria.
In any case it is advisable to determine in the contract as well:
- The particular schedule of payments. If completion will take place relatively soon, the usual is to receive a small reservation (3.000 / 6.000 €) and pay the rest on completion. If completion will take place in various months, besides the reservation is advisable to sing the purchase contract and stablish and intermediate payment (10% / 20% of the sale price).
- If there is any inventory included in the sale.
- Who must pay the legal expenses associated to the purchase? By law the Vendor pays Plusvalía tax and the Notary fees for the issuing of the Sale Deed and the buyer pays Land registry, Transmission tax and the Notary fees for the “Copia Autorizada” (hard copy) of the purchase Deed that he needs to present at the Land Registry. In any case the custom is that the buyer pays everything and the vendor the Plusvalía tax.
- In relation to local rates (IBI / SUMA) of the year of the sale who will pay it? By law the owner of the house by 01/01 of the year is responsible of the payment of the full IBI bill, but the parties can agree to split its payment proportionally for the number of days each party will be the owner of the house.
If you give Power of Attorney to your solicitor, he can be in charge of not only preparing, also signing any necessary documentation with the buyer / agency (especially if you are not in Spain).
