Selling A Property

Many people seem to think that it is necessary to hire a solicitor when you are buying a property but not when you are selling.
On the back of our more than 25 years of experience as real estate solicitors, we feel that it is highly advisable to involve a solicitor in the sale process. Complications are not unusual in Spanish property transfers – why take a risk?

OUR LEGAL SERVICES IN SELLING PROPERTIES INCLUDE THE FOLLOWING:
BEFORE COMPLETION

1. Gather all the relevant details and documents related to the property to be sold and collect the supply receipts that will be required later;
2. Represent you the seller, if you are unable to appear before the Spanish Notary Public to sign the Public Deeds of your sale. This requires you to sign a Spanish Power of Attorney;
3. Request copies of all the required documents from the buyer’s solicitor and complement the paperwork, if necessary, so that the signing of your sale can proceed at the Notary;
4. Give you an all-inclusive cost estimate;
5. Contact your bank to cancel your mortgage (if any);
6. Procure and obtain the Second Occupancy License (Declaración responsable de segunda ocupación), if necessary, and the Energy Efficiency Certificate which is required by law since 1st June 2013.
7. Procure and obtain a certificate from the Community of Property Owners stating that there are no outstanding debts on your Property;
8. Draw up a private Reservation Contract, whereby you the seller receive the deposit, and negotiate the details of the contract if necessary.

ON COMPLETION

1. Organize the signature of the Title Deed at the Notary Public’s office;
2. If you choose to sign in person, assist you in the proceedings at the Notary Public’s office and interpret to you the contents of the documents;
3. If you cannot be present, sign the Deeds (Escritura pública) on your behalf;
4. Arrange the notarial act of cancelling your mortgage (if any);
5. Pay any taxes and bills related with the sale.

AFTER COMPLETION

1. Cancel your old direct debits and, if necessary, your bank account;
2. Reclaim the 3% tax retention if there is no profit on the sale;
3. Transfer the money from your sale into your bank account outside Spain.