Selling Your Pre-Owned Home? Not Everything Goes, Here’s What You Have To Comply With

Selling a second-hand house is not as easy as placing an ad on Idealista and sitting and waiting for buyers to arrive with their checkbooks ready. If you think this is like selling a sofa on Wallapop, you’re in over your head.

There are paperwork, expenses, taxes and obligations that, if you skip them, can get you into trouble. And the worst thing is not only losing money, but an angry buyer may come back months later to ask you for explanations (or report you).
If you want to sell well, fast and without headaches, here is EVERYTHING you need to know before, during and after the sale.

???? 1️⃣ Documents You Need to Have Ready (Yes or Yes)

It does you no good to find a buyer if you don’t have the paperwork in order. These are the papers you need before you can sell:

???? Title deed If you don’t know where you have it, start looking for it now. Without this, no sale is possible.

???? Nota simple del Registro de la Propiedad This document tells who owns the house and if there are any legal problems (mortgages, liens, surprise tenants…). It is ordered online at the Registry for about 9€.

???? Last receipts of IBI This tax is paid by you until the day you sell. Have the last payments at hand.

???? Energy efficiency certificate Without this, you cannot legally advertise the property. It costs between 60-150€ and is done by a technician.

???? Last utility bills Electricity, water, gas… Make sure there are no outstanding bills.

???? Certificate of being up to date with the community If the house is in a building with a community of owners, you need this paper signed by the administrator.

???? TIP: Having all this prepared from the beginning will save you delays and problems with buyers.

???? 2️⃣ Expenses You Have to Pay (Because Not Everything is Profit)

Yes, you’re going to get paid a good amount for your house, but before you claim victory, consider these expenses:

Municipal capital gains tax This is a tax that you pay to the municipality for the revaluation of the land. You do not get rid of it, unless you sell at a loss.

IRPF on capital gains If you sell the house for more than you bought it for, Hacienda takes a percentage (19-26%).

Mortgage cancellation If you still owe money to the bank, you have to pay to cancel it. Between 300-1000€, depending on the bank.

Notary fees Normally, they are paid by the buyer, but if there is a mortgage, you may have to pay something.

Real estate agency fees If you decide to sell with an agency, the commission is usually 3-5%.

???? FISCAL TRICK: If the house is your habitual residence and you buy another one with the money, you can avoid paying taxes on the capital gain. Be careful with the terms and conditions.

???? 3️⃣ Selling with Honesty: No Covering Up Shoddy Work

If your house has problems, you’d better say so before you get caught, because the law protects the buyer.

???? You CANNOT hide structural defects such as cracks, dampness or leaks.

???? You can NOT lie about the charges (mortgages, debts with the community, embargoes…).

???? You CANNOT make shoddy reforms to cover up problems and then disengage.

If the buyer discovers something you hid, he can ask for compensation or even cancel the sale. And believe me, lawsuits for this are not cheap.

???? Tip: If there are problems, try to fix them before selling or inform the buyer. A house in good condition sells faster and at a better price.

???? 4️⃣ Deposit Agreement: The Insurance So That No One Backs Out

Before the final signing, a deposit contract is usually made. Basically, it is a reservation of the house with a deposit.

???? If the buyer backs out, he loses the down payment he gave you.
???? If you back out, you have to pay him back double.

The earnest money contract is key to avoid last minute surprises.

???? 5️⃣ The Day of the Sale: What Happens at the Notary’s Office

When the big day arrives and the buyer has the money, it’s time to sign at the notary’s office. This is what will happen:

???? The deed of sale is signed and you are paid.
???? If there is a mortgage, it is cancelled in the same act.
???? The keys and all the papers of the house are delivered.

???? IMPORTANT: Do not accept cash payments. Always by bank transfer or bank check to avoid problems with the tax authorities.

???? 6️⃣ After the sale: Final formalities

Even if you already have the money in your pocket, there are still a few final steps:

Notify the change of ownership of supplies (electricity, water, gas). If you don’t, you will continue to be billed.

Keep ALL paperwork from the sale. You never know if you will need them.

Declaring the sale in the Renta. If you have to pay IRPF, better do it right to avoid problems with Hacienda.

???? Conclusion: Selling Isn’t Just Putting Up the Sign, You Have to Do It Right

If you want to sell without complications and without ending up with a fine or a lawsuit, follow these steps:

???? Have all the papers in order before putting the house on the market.
???? Calculate taxes and expenses to avoid surprises.
???? Be transparent with the buyers and do not hide problems.
???? Sign the earnest money contract and do everything at the notary’s office.

If you do it right, you’ll sell faster, with no hassle and more money in your pocket.

???? Want to know how much your home is worth before you sell it? ???? Make your free appraisal here

???? Would you prefer me to explain over coffee or WhatsApp? Call me and we’ll talk it over. ????????

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I am Ignacio Jacquot, independent advisor to IAD. Do you want to sell, rent or find the perfect house? I take care of everything so that you don’t have complications. 📲 Write to me on WhatsApp and we’ll talk.

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