Selling Your Spanish Home? Check the Paperwork Before the Buyer Does.

Selling a home.

Give the paperwork the same attention as the photographs. Credit: PaeGAG/Shutterstock

So you’ve painted the walls, tidied the garden and finally dealt with that cupboard nobody was allowed to open… The photographs may look fantastic. But does the paperwork?

Most sellers understandably concentrate on presentation and price. The legal and technical documents stay in a drawer until a buyer appears. Unfortunately, that can be when an otherwise promising sale starts getting complicated.

Imagine accepting an offer and beginning to plan your next move. Then the buyer’s lawyer asks about the swimming pool. The one that was already there when you bought the house.

Or that little extension on the back. And why the property’s registered description doesn’t seem to match what everyone saw at the viewing.

“But we bought it like this” explains how you acquired the property. It doesn’t answer the questions now being raised.

Before marketing, have your paperwork reviewed against the property as it stands today. Identify any discrepancies and establish whether further legal or technical investigation is needed. The notarial process itself includes checks for differences between the deed, Land Registry and cadastral descriptions.

If previous work was supposed to update the records, obtain evidence of what was actually completed. An instruction, an invoice or an assurance that something was “being dealt with” is a reason to follow up.

Other loose ends can be less visible. Many people don’t realise that paying off a mortgage, for example, does not automatically remove the mortgage entry from the Land Registry. Its cancellation involves a separate process.

Check your energy paperwork early too. Where certification is required, the certificate and energy label belong in the preparation for advertising, rather than being left until the notary appointment.

Finding an issue does not automatically mean abandoning your sale. It means establishing what it is, what can be done, what it may cost and how long it could take. Some matters are straightforward; others need specialist advice before you make commitments.

Early preparation also helps you answer buyers clearly. An explained issue with supporting documents and a realistic plan is easier to discuss than an unexpected question nobody can answer.

For sellers, the consequences can reach beyond a delayed completion. If you are relying on the proceeds to buy your next home, unresolved paperwork could put that onward purchase at risk. A buyer may be unable or unwilling to wait while matters are put right, leaving you facing the loss of your sale, and potentially the property you had planned to move into.

Give the paperwork the same attention as the photographs. Ideally, before the photographer arrives.

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Written by

Ben Heath

Ben Heath is a Spanish property law expert, author and property professional based in Alicante. He helps international buyers, sellers and property owners understand the legal and practical issues involved in Spanish property. He is the author of The Ultimate Guide to Relocating to Spain and the founder of BH Property Law and Alicante Sales & Lettings.

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