martes, 07 de julio de 2020

Four tips from registrars to buy houses in Spain

  Introduction

   How to acquire a home with full legal guarantees?

The College of Property and Business Registrars of Spain wants to help in the complicated process of buying a house. To do this, he has published a guide with which he intends to clarify the steps to be followed, from our Real Estate Agency Marti Projects in Teulada we want to echo and transmit this important and interesting information.

   1. Looking for a home: examining physical characteristics

   *The registrars advise an exhaustive search in the area, to compare different houses and to carry out a personal visit of the house and to know the surroundings.

   *In the case of housing in a brochure, the company that advertises it must inform the name and company name of the seller, plans, energy efficiency certificates, registration details of the property in the Registry, the total price of the house and method of payment.

    2. Data on the legal situation of the home

In addition to visiting the house, the registrars advise to know its legal situation: to whom it belongs, if it has charges, if there are tenants or not, possibility that it is of official protection, check that it is up to date in the payment of taxes, if there is any right of first refusal.

To know these circumstances, information must be requested from the Property Registry, where you can obtain:

    *A simple informative note: which will include the description of the house, its situation, surface and annexes, participation fee in horizontal property, administrative regime that could affect it. Also data on home mortgages, possible litigation on property and, in general, any circumstance that affects home ownership. The note has only informative value, it may not be used in the house of judgment to justify data.

    *Domain and upload certificates: more complete content than the simple note. Being a public document signed by the registrar, the certification will allow to prove in court, and in front of third parties, some circumstance of the house.

    *Registrar,s report on the situation of the farm.

    *Verbal advice: can be requested from the registrar, free of charge. It will be free and the registered must dedicate at least two hours a day.

   *Complementary documentation:

       - Copy of the deed.
       - Receipt of the last IBI

       - Certification of the president of the community of owners saying that the house is up to date with all                  payments

       - Public document that there are no rental contracts on the house.

   3. Search for mortgages safely

Registrars advise taking into account some factors such as reviewing the general conditions and considering if any of them is abusive, in addition to paying close attention to the subrogation of the mortgages and the conditions that are accepted.

   4. Contract signing

     Some keys to keep in mind are:

              *That the contract can be signed as a private document, only signed between buyer and seller. But                      once signed, either party may require the elevation to a public document.

               *If there is a mortgage, in any case it will have to be made public.

               *The deed is equivalent to the delivery of the house. The choice of notary corresponds to who will                       pay that cost.
               *Both in a public and private document, the seller is bound by the vices or hidden defects of the                         home. In other words, the buyer may choose to withdraw from the contract (and receive the                             expenses I pay), or to reduce a proportional amount of the price, as indicated by the experts.

   Related Posts

How to buy a home in Spain step by step, Guia del Colegio de Registradores (Part I)

Information sources, Guide to the College of Registrars of Spain (Part II)

Before signing a contract, Guide to the College of Registrars of Spain (Part III)

The signing of the contract, Guide of the College of Registrars of Spain (Part IV)

After signing the contract, Guide to the College of Registrars of Spain (Part V)

What taxes do i have to pay? Guide of the College of Registrars of Spain (Part VI)

College of Registrars of Spain, Guide to the College of Registrars of Spain (Part VII)

The information and comments contained in this article do not constitute any legal advice.

For more detailed information, contact our company.