Buying/selling from private individual to private individual in Spain

Spain is a country that is very open to foreign property investors, which explains its success with the French. To buy or sell a property in Spain, you can choose between several types of transactions. For example, it is possible to contact a Spanish buyer or seller directly to negotiate with them. However, although this option seems very simple and profitable, it is not totally safe. What are the specific risks of buying between individuals in Spain? Find out the answers in this guide.

The risks of buying from individual to individual in Spain

Buying a property directly from a Spanish seller can be very beneficial if the transaction is carried out without any irregularities. Unfortunately, this is almost never the case when the sale takes place on a private-to-private basis. Here are a few reasons for this.

The language barrier

In the context of a private-to-private purchase in Spain, the language barrier is one of the main sources of complication. Why is this? Quite simply because it is impossible to conclude a property transaction without smooth communication. Therefore, when a French-speaking person decides to contact a Spanish person directly to negotiate the sale of a property, the risk of failure or misunderstanding is very high. In the best case scenario, negotiations will drag on, which can be stressful for both parties. Numerous irregularities (beneficial to the seller) can also creep into the procedure, making the transfer legally unclear.

Disagreements related to the understanding of the different surfaces in each country

France (or Belgium) and Spain do not follow the same rules regarding the calculation of the square metre. In France, the square metre is calculated taking into account areas with a ceiling height of at least 1.80 m. From this total are subtracted the thickness of the walls and the area covered by stairs to obtain the living area. Areas such as balconies, garages and verandas are not included in the calculation.

In Spain, on the other hand, the surface area of dwellings displayed in advertisements takes into account all the elements that the French standard excludes:

• The surface area of the entire dwelling, including walls, stairs, partitions ...;
• The surface area of the common areas ;
• The size of the balcony, if the house has one.

Thus, for a flat for example, it is often necessary to remove 10 to 15% of the indicated built area (shown in the advertisements) to obtain the habitable part of the dwelling (corresponding to the French calculation). In this context, an uninformed French-speaking private individual risks being very disappointed later on if he acquires a property based on the gross figures provided to him by the seller. In the worst case, the property may be far too small for his needs.

The simple nota may be different from the certificate of the land registry.

Under normal circumstances, before signing a preliminary sales agreement, a buyer must carry out certain checks. These checks concern, among other things, the ownership of the property, the use that can be made of it and any charges that may be made on the property. All this information is mentioned in the "nota simple", an informative (authentic) document that you can request from the Mortgage Office.

However, it is not advisable to rely entirely on the data recorded on the simple notation of a dwelling without seeking to consult the land register (kept by the Ministry of Taxes). Indeed, there may be discrepancies between the information contained in these two documents. Errors may also occur. However, it is not always easy for an uninformed individual to carry out all these checks and find an official way of correcting one of these documents in the event of an error or inconsistency. This can give rise to complications of varying degrees depending on the case.

Problems related to insufficient knowledge of the Spanish legal framework

When selling a property in Spain, notaries are only involved in verifying that the deed is in conformity with the law. They do not carry out any legal, administrative or urban planning checks on the property itself during the process. This responsibility lies entirely with the purchaser. Thus, when in a transaction between private individuals the buyer is not aware of this provision because he does not have a sufficient command of the Spanish legal framework, he may find himself in a delicate situation and be swindled or be the victim of a misunderstanding.

Lack of vigilance regarding certain small details

There are many administrative and legal formalities to be completed in order to acquire a property. Therefore, it is very easy to forget some small details, such as registering changes with the administrative services (extension, garage...), transferring invoices (water, electricity, gas)... However, when these steps are not carried out during the transaction, it is the buyer who will be forced to do them afterwards. All costs incurred for these corrections will be entirely at his expense.

The advantages of working through a real estate agency that knows Spain inside out

There are many advantages to using the services of a real estate agency that has been operating in Spain for several years. Find out below what Immo365 Costa Brava can offer you when it comes to buying a property thanks to its multilingual team with more than 50 years of experience in the Spanish market.

Personalised assistance

A real estate agency offers its clients personalised assistance at all stages of their investment project, from the search for accommodation to the signing of the preliminary sales agreement and price negotiations. Since it has a perfect command of the property market in the various regions of the country, it is able to offer you interesting offers.

Unlike you, a professional estate agent knows by heart all the obligatory legal procedures in Spain before buying a home. He can therefore ensure that no irregularities creep into the procedure. He or she will also guide you through the administrative, technical and financial procedures.

When using us to buy or sell a property in Spain, all you have to do is indicate your preferences to your estate agent and follow the process closely.

A simplified and secure transaction

Using an international estate agency is a guarantee of security and speed. This option allows you to save a lot of time and unnecessary expenses when buying from one person to another.

Moreover, you need not fear that the seller will disappear after the transaction, because a serious estate agency only deals with reliable people.

Buying from person to person in Spain involves many risks. To avoid being fooled, use an experienced estate agency. If you do not wish to entrust them with the entire project, you can still ask for their expertise in putting together your dossier. This will avoid unpleasant surprises.