The process of selling a house in Spain will not be that much different than what you did to first acquire your home or business. The actual pre-purchase agreement will take palace, along with the deposit, then a date will be set for the public notary to complete, sign and then on the same day as the notary is the hand over, where the parties exchange money, keys and ownership. Along with this process the property and documentation is checked and corresponding taxes are paid. This all sound rather simple and it can be if done correctly and there is someone who knows exactly what they are doing. This is of course just a general summary and usually it is the details leading up to the completion that tend to complicate matters. We suggest that if you are to hire a lawyer to represent you side of the transaction that you hire someone you trust who has dealt with property before. This way if there are any issues that need straightening out you know your best interests are taken care of and you don’t end up paying for any or all mistakes, you shouldn’t have to.
Documents you will need in order to sell your property.
• Personal: passport; NIE number certificate; residency certificate (optional)
• Deeds and Land registry certificate
• Habitation Certificate (CH)
• No Infraction Certificate (CNUI)
• Proof of Council tax and utilities up to date payments
• Community certificate proving no debt with the community (if needed)
• As well as making sure you are up to date and have paid correctly your personal taxes.
It is a good idea to check that you have been paying the correct taxes, in particular if you are residence in Spain, because if you have been contributing as a residence, it means that you tax retention will be reduced as well as possible other taxes too.
The actual sale should go as followed.
1. Pre-purchase agreement
Establishing price, deposit percentage and completion date.
2. Preparation lending up to Completion date
This includes preparing documentation and property review, mortgage cancelation along with utilities, and organisation of corresponding taxes and expenses and their payment upon completion. Also arranging movers if needed.
Signing and hand over, all reviewed and checked by the appointed notary, exchange of funds and ownership, as well as funds set aside for taxes.
4. Post completion.
Payment of remaining taxes and a tax rebate where possible, as well as the changeover of utilities if previously agreed on.
ABAD lawyers and accountants are well equipped and prepared to handle all of the sale process and assist you where needed as well as being able to perform all of the stages stated and needed to achieve a successful sale.