SELLING YOUR JAVEA PROPERTY
Once you have made the decision to sell your Javea property, you will need legal assistance to proceed the sale to an exchange and then to completion.
For many people, their property is among their most valuable assets. With all valuable assets, you want to make sure it is protected and that should something go wrong, there is a framework for putting it right.
THE IMPORTANCE OF INDEPENDENT LEGAL ADVICE
Using an independent lawyer, like Sun Lawyers in Javea, gives you this re-assurance and peace of mind. As an independent law firm, we are registered with the General Council of Spanish Lawyers and insured. Our law firm Registration Number is 4952. Our track-record stretches back over 40 years, helping expats to both buy and sell in this area of Spain. Sun Lawyers is family-owned and 100% independent. Our sole interest is serving our clients and to date we have helped over 12,000.
When you are preparing to sell your property, appointing independent lawyers in Javea should be on the list, so that they are in place from the time your property goes on the market. Any real estate agent with a reputation in Javea will understand your decision to use an independent lawyer as opposed to any other options.
PREPARING TO SELL YOUR PROPERTY IN JAVEA
As well as lawyers, when you are preparing to sell your property, it’s important to be aware of other things we well ahead of time.
- An up-to-date Habitation and Energy Certificate. You will need to provide your buyer’s solicitor with these. If you have a septic tank over a certain age, this may need replacing to get the Habitation Certificate.
- If your Javea property has had any alterations or extensions e.g., a swimming pool, garage or additional bedrooms, these will need to be registered before completion, or on the day of completion. A suitable expert like an Architect will need to authorise the necessary Certificates and get the extensions/alterations registered on the deeds. You will have to pay the Architect’s fee, Notary, Land Registry and 1.5% tax of the valuation of the new build to the Government.
- If you are a non-fiscal resident in Spain, the tax office will retain 3% of the sale price. This money can be claimed back if you have not made a gain on the property and you have paid your non-resident taxes for the last four years.
- Plusvalia tax. This tax is similar to Capital Gains Tax. It is required to be paid by the sellers to the Javea (or other local) town hall or tax collection office (Suma). The value of this tax depends on how many years you have owned the property and the valuation of the council tax.
- If the property has a mortgage, it will need to be cancelled either prior to completion or on the day of completion. We can arrange this for you. If it is to be cancelled on the day of completion, the amount that you owe to the bank will be deducted from the banker’s draft that you will receive. You will also have Notary and Land Registry fees. Sometimes, when buyers are purchasing with a mortgage, you will have no option other than to allow the buyer’s bank to deal with the cancellation of your mortgage.
- If you live in a property that is part of a community in Javea, you will need to obtain a Community Certificate showing that you are up to date with all of the Community fees.
- It can be beneficial to sign a Power of Attorney (either in Spain or the UK). The Power of Attorney gives your solicitor authority to act for you in connection with the property sale. This saves both time and money. A Power of Attorney made outside Spain will require a visit to a Public Notary to have the document certified and Apostilled. The local Notary’s costs will be settled by you directly.
OUR SERVICE FOR YOUR JAVEA PROPERTY SALE.
Our sales service includes:
- Reviewing the purchase contract drawn up by the purchaser’s representative on behalf of our selling client
- Completing on the sale of your property at the Notary
- Cancelling all direct debits connected to the property. Utilities and metre readings must be up to date until the day of completion. If you don’t have the utilities up to date or connected, the buyers’ solicitor will retain funds to re-connect all the utilities or to pay off any debts.
- Claiming back the 3% non-resident retention. (See point 3 above).
Your first consultation with us is always free.