Home buyer rights in Spain
The purchase of a house is, surely, the largest investment we are going to make in our lives, and its financial importance makes it necessary that, as a consumer, all the rights and obligations that revolve around the operation are known.
We are going to briefly analyze some of the many rights that the buyer has.
Right to lawful advertising
This right contained in the Law of Consumers and Users (Law 18/2007, of December 28), and more specifically in article 58.3 establishes the obligation that the advertisements of the houses are truthful, that they do not hide fundamental data of the objects to which they refer, and do not induce or may induce the addressees to any error with economic repercussions.
We have to bear in mind that, when advertising a property, data such as:
- The localization.
- The state of construction.
- Constructed a useful surface.
- Number of associations of the Real Estate Agent.
- The letter of the Energy Certificate.
- The certificate of habitability in the Autonomous Communities where said document is mandatory.
With all this data, we will be able to begin to visualize the long-awaited purchase of the property.
Right to information about the home
How can the future buyer know the physical and urban characteristics, as well as the charges or limitations that affect that property?
Through the simple registry note and the cadastral certification, the viability of the property and its subsequent purchase option can be studied and assessed. It is the basic document to know the legal situation of the property.
We will be able to know the urban circumstances through the Urban Development Certificate, especially recommended in the case of being interested in buying rustic properties, plots, housing in urbanizations, and in any case in isolated houses.
Right to non-abusive clauses
Every buyer has the right as a consumer to individually negotiate the agreements and clauses that will bind him in the future purchase, and that do not cause him an imbalance with respect to the selling party. This right is also included in the Law of Consumers and Users.
Right to choose a notary
The buyer has the right to choose the notary with whom the Public Deed of sale will be signed. However, it cannot be an arbitrary decision. The notary must be located in the home town itself, or in any of the towns where the buyer and seller have their domicile.
The imposition of the notary by the real estate promoter should not be allowed, a very widespread attitude, and that entails the invalidity of said clause.
Right to delivery of all documentation
Relating to the property, and that which is mandatory for the signing of the Public Deed of sale with sufficient notice.
Right to sanitation due to hidden defects or eviction
When a property is purchased and we have possession of it, circumstances or problems may arise that impair our peaceful possession of the property.
The most common claims are those for remediation due to hidden defects. They are vices or defects that are not apparently visible, but that make the property not fit for the use for which it was intended, or that reduce the use, in such a way that if the buyer had known about them, he would not have bought it or I would have offered a lower price.
There are also claims for sanitation due to eviction. That is, we buy a property, and after the sale, we are totally or partially deprived of said property, by judicial or administrative judgment. A third party has a preferential or better right than that held by the acquirer. The seller or his heirs have the obligation to respond to the buyer for the deprivation of the thing purchased.
Just as the buyer has these rights, he also has the possibility of waiving the fulfillment of any of the rights.
The buyer can exonerate the Notary from requesting, a few days before the signing of the Deed, the simple note of the registry property. Either because the buyer has already obtained the simple note, either by himself or by the Personal Shopper who advises him, or because the buyer understands that the previous titles are enough …
The seller can be exonerated from delivering the certificate of the state of debts with the Community of Owners.
And, the exemption, which may surprise us the most, is the reorganization for hidden defects of the properties sold by banks or financial institutions.
What the buyer must bear in mind is that the purchase of a home requires the intervention of a professional to advise him, that is, he needs to go hand in hand with Marbella WOHNEN Immobilien.