The purchase and sale of a home is the most important investment in the lives of the majority of citizens, so we show you the steps you must follow to successfully carry out this operation.
Among the recommendations offered by the general notary council are to see if the house has any debts in relation with charges or fees of the community of owners.
- Before signing the public notarial deed of the house , usually a private contract is drawn up between the buyer and the seller who must contemplate important issues such as:
Who signs for the selling party: When it is a promoter who sells, it should be the administrator or the Attorney of the company whi signs. If it is a sale between individuals, all the owners must sign, and if it is a family dwelling, both spouses.
State of charges and encumbrances: It is essential to check if the property is free of charges, if it has a mortgage, if there are liens on it, or if there is any limitation in the statutes of the community of owners. You can apply directly to the landregistry for an extract “Nota Simple”, or let the notary do this for you. Sometimes you have to ask the city council for a certificate of urban legality in case there is any type of affection that is not recorded in the landregistry.
Fees of the Community Of Owners: Before the purchase make sure the property is up to date payments and expenses, because in some cases the law requires the buyer to take care of them.
Price: The price and form of payment must be clearly defined. Do not admit the fixing of a price lower than the real or pay amounts that are not documented. This is contrary to the law and can prejudice you.
Down Payment: When signing the private contract usually a quantity of money is given as a downpayment, being a part payment of the total price to binds both parties. The most common are “penitencial”, which allow you to withdraw from the contract before signing the deed. If the buyer cancels the agreement, he will lose the delivered amount, whereas if the vendor does, he will have to return double the amount received.
Expenses of the sale:If the parties do not agree anything, or if they indicate in the contract that it is "according to law", the legislation of the competent autonomous community will be applied. However, the private document usually agrees who assumes the expenses. Usually it is the buyer who pays everything, except the “Plusvalia” Tax that by law corresponds to the vendor. If the vendor is a promoter, it is prohibited that the buyer assumes expenses that by law must be paid by the vendor.
- The public deed of the sale of a property is not mandatory, unless a mortgage is contracted, but the vast majority of citizens choose to go to the notary to grant the deed for their legal security.
The public deed is certifying: The grantors of a sale declare before a notary their willingness to buy and sell and the conditions of the sale. The notary, who is a public official, gives faith or authenticity of these declarations in the deed so that neither of the parties can deny before the other what they have manifested. The public deed is privileged evidence before the courts.
The public deed provides legal security: The notary is not limited to attest. His professional performance provides legal certainty by verifying and checking that the aspects included in the private document are in accordance with the law.
In the act of signing the public deed, the notaryamong other things, 1) verifies the identity, capacity and legitimacy of seller and buyer; 2) shows the state of charges and encumbrances that burden the house; 3) confirms payment of community fees, or 4) requests proof of payment of the local rates (ibi).
Energy certificate: It is also essential to present the certificate of energy when signing the deeds at the notary. Otherwise, the notary would not approve the operation.
Among the steps to be taken once the sales-deed has been signed, are:
The payment of taxes and registration in the property registry: If you are going to carry out these steps personally, you should consult the notary office for deadlines in order to avoid penalties or loss of rights. You can also choose to instruct to the notary to carry out these actions, who will proceed to send an authorized electronic copy of the deed to the landregistry for its registration. Subsequently, you will be given an authorized copy of the deed on official paper with all supporting documents and invoices.
Supplies: Do not forget to change into your name the supplies that affect your new home.
Documentation and invoices: Keep all documents, receipts, guarantees and original invoices on the acquisition.
If you want us to do everything for you and want to use our "GREEN LIGHT SERVICE", please contact us through our mail Info@justhomes.es.