Selling Guide

Paperwork required in order to sell

In order to comply with decreto 218 of the Spanish Property Legislation all sellers will need to be in receipt of copies of:-

  • Escritura - (deeds of property)
  • Nota simple - (an up to date version, this provides a brief report from the land registry, confirming title, description address etc.)
  • NIE - (A number assigned from the Police which is a mandatory requirement to purchase  cars, property etc.)
  • IBI-  (A receipt of paid tax issued by the town hall for urban services like street lighting, garage entrance and refuse collection)
  • Passport - (Copies of photo portrait page)
  • Community charge receipt – (only applicable to those with a property on an urbanisation)
  • Energy Performance Certificate – A mandatory requirement since June 2013

Marketing

Vendors can choose either an exclusive or a non exclusive agreement.

  • An exclusive agreement is where the only agent instructed is Vilujo.
  • A non exclusive agreement is where vendors instruct a number of estate agents and only pay the agent who sells the property.

Fees vary upon property values and type of agreement.

In both cases the fee is only payable upon a sale and there is no charge for advertising or additional listing on property portals.

*Exclusively marketed properties are still made available to other collaborative agents of Vilujo without any increase in fee.

Selling Process

Reservation Deposit
Our sales team negotiate the offer on behalf of both buyer and vendor. Once accepted, the buyers pay a reservation deposit of 3,000 euros to Vilujo on behalf of the vendors, this renders the property off market  generally for four weeks.

Exchange / signing of the private contract
At the end of this period, the private contract is signed by both parties and 10% is paid directly to the vendors. The signing of the contract does not have to happen in Spain.

Inventory
Attached to the private contract is an inventory signed by both parties, this confirms what furnishings are included in the sale.

Completion / Signing of the deeds
This normally happens 4-6 weeks after exchange. Both buyers and vendors need to sign the new deeds in front of the public Notary in Spain. Alternatively they can choose to assign Power of Attorney to someone prepared to sign on their behalf. This will need to be arranged well in advance of completion.

Capital Gains Tax:
Depending on personal circumstances Capital Gains Tax is payable in Spain, the process is different based on residency, very approximately CGT is circa 21% of the gain. For further information please contact us or speak to a qualified tax advisor or lawyer specialising in this aspect of Spanish law.

As from 01 June 2013 the Spanish Government have issued a Royal Decree 235/2013. This states that as from this date it will be mandatory to have a valid Energy Performance Certificate (Certificado de Eficiencia Energética – CEE ) in order to successfully complete a property sale. This certificate must be included in all advertising copy after 1st June 2013 irrespective of whether it is advertised through an agent, a web-portal or any other channel, after 1st June 2013 you must have, or have applied for a CEE.

This legislation brings Spain in line with all other major European countries, Spain is the last major European country to comply. Certificates are fully registered against the Catastral reference of the property and are added to the Government's database assuring cover for sale for 10 years from the issue date.

Disclaimer

Whilst we use our best endeavours to ensure dimensions stated in our descriptions are correct, we cannot guarantee that property sizes and plot/land dimensions are 100% accurate.

For more information or a request to undertake an assessment please contact us. We look forward to hearing from you.