Notes on the sale of a property

In this article we will look at what the owner who wants to sell his property should consider and how he can make it possible for himself and the buyer to make the sale go smoothly.

First of all, the seller must consider whether he wants to use the help of an estate agent or whether he prefers to look for the buyer himself. Most estate agents in Ibiza charge a commission of 5% plus VAT on the purchase price achieved; the brokerage commission is payable by the seller. It is certainly advisable to set out the brokerage agreement in writing. It is rarely advantageous to give an exclusive brokerage contract.

In order to facilitate the sales negotiations with the buyer’s side, it makes sense for the seller to seek out the notarial purchase deed (so-called “escritura”) in advance, for example a notarial purchase deed or inheritance acceptance deed. If this deed cannot be found, one can either apply for a certified copy from the notary who notarised the purchase or apply for a certificate from the competent land registry office, which is also sufficient as proof of the title of ownership.

In addition to the “Escritura”, one should also have a current extract from the land register at hand. From the land register extract you can see who is registered as owner in the land register. It also contains a description of the property (size of the plot, built-up area, etc.), and any encumbrances (mortgage, rights of way, etc.). The seller must be registered at the latest at
Notarization of the purchase proves that the property tax (so-called “Impuestos sobre Bienes Inmuebles = IBI”) has been paid. The “IBI” results in the cadastral reference number and the current cadastral value.

In the case of apartments, the seller must prove that he has no debts to the condominium owners’ association and has always paid his contributions. A buyer may also ask for the certificate of habitability (so-called “cedula de habitabilidad”). This is needed above all for the conclusion of electricity and water contracts. It is always useful to have the “cedula” in the documents. For new buildings the “cedula” should always be presented. In the case of older buildings and existing electricity and water bills, proof of the last bills is sufficient for most buyers.

A well advised buyer will not only check the description of the property in the land register but also in the cadastral office. In the event that the description in the land registry or cadastral office does not correspond to the actual condition, the seller should consider making a correction in the land registry and cadastre for the sake of smooth processing. Especially a buyer who buys with bank financing will insist on a correct registration. Here it depends on the individual case. For the correction in the land register a notarial deed is necessary in any case.
A seller should also always seek advice on tax law before selling a property. As a rule, he or she must pay his or her profit tax and the municipal increment value tax (Plusvalia).
In summary, the following applies to the seller: Before he or she puts his or her property up for sale, he or she should always have a specialist look through the documents in order to ensure that the contract is processed as simply as possible.