Compilation of our Most Debated articles on Purchase and Sales in Spain

This week we offer our readers a compilation of some of our most read and discussed articles on buying and selling a property in Spain.

Below, we recap some of the key aspects of this type of transaction and try to clear up some of the most common doubts that tend to arise whenever we address this subject.

If you wish, please note that you can read the full articles by visiting our website: https://www.white-baos.com/en/articulos/

Documents that we should review with your lawyer before signing them, when selling or buying a real estate property in Spain. Contract with the agent, reservation, arras, etc.

On many occasions, buyers and sellers are told that they can sign a reservation, deposit, or ‘arras’ contract without any problem, since it is only an initial agreement, and the important contract is the purchase contract which will normally be signed later. This advice is absolutely incorrect! Although it is called by a number of different titles, most of these contracts for reservation, deposit, arras, etc. do in reality represent a properly worded purchase and sale agreement with legal consequences for buyers and sellers. Therefore, it is essential that you request expert legal advice, before signing any contract or agreement.

Selling your home in Spain and returning to your country? Capital Gains Tax.

Law 35/2006 of Income Tax of Individuals, applicable to tax residents in Spain, states that the profits resulting from the sale of the principal residence of a person over 65 are exempt from capital gains tax. Unfortunately non-residents tax rules have not included this exemption. Therefore, non-tax residents in Spain won’t be able to benefit from this allowance. If you are over 65 years old, and non-resident, it would be advisable to sell the property while you are still tax resident in Spain, to benefit from the exemption.

Is the Energy Performance Certificate (EPC) always necessary when buying or selling properties in Spain?

Yes. This certificate is mandatory when selling a property and must be properly registered and is usually obtained by an architect or other qualified professional. However, there are several exceptions. For instance, it is not compulsory to the sale of land without any construction, in the case of buildings or parts of buildings with a total useful area less than 50 m², etc.

Are you going to sell a property in Spain? Legal advice for selling without problems.

Sometimes sellers do not know that their property does not have an occupation licence, or that the description in the land registry or cadastre does not correspond to the reality, However, buyers may require the documentation to be updated within a limited time. Therefore, it is advisable that the vendors check with their lawyer the full state of the property, updated documentation, leaving everything ready for when a buyer appears.

At White Baos Lawyers we are experts in conveyancing. If you have are interested on buying or selling a property in Spain, please do not hesitate to contact us. We will study your case and offer you expert advice on the matter.

You may be interested in the following services and articles:

We explain the method for the inscription of a property in the Land Registry. Registration of properties. Title deeds. Notary’s office. Legal advice

Means of payment in Spain. How to pay in the Notary’s office. Public deed. Banker’s draft. Cash payment. Legal advice by Spanish Lawyers.

New Registry of Real Estate Agents in the Valencian Community. Everything you need to know. Decree 98/2022. Is it compulsory in all cases? Registration requirements. Real Estate Agents. Legal advice.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2023 – All Rights Reserved.

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