Issues and worries about selling or buying house / apartment in Spain

[Jenni]

I am worried that once the sale of our villa is finalised, the new buyers may find an issue and attempt to reclaim the funds we have put on hold!

Can someone explain the implications of anyone being able to say anything once they get hold of the keys? Do they need to follow any procedures or provide proof that the issue was not caused by them?

 

I'm skeptical because they would be holding a lot of money for nine months.

[Anderson]

@Jenni usually the real estate is sold as it is, so signing the contract in front of the notary confirms that the buyer knows everything and confirms to buy the property in the current state without any ability to claim and etc. In Spanish it is called "cuerpo cierto". Are they asking you to keep a deposit after the deal is done?

[Jenni]

Thanks Anderson. It is 3% retention.

[Anderson]

Those 3% are not related to the buyer or their claims. It is a government retention from the foreigners, basically a tax, but there is a procedure how to return it back after the sale is formalised. I heard people could claim it back, but I never done it myself yet and not sure it is really possible to receive back. 

[MarkInt]

Hi everybody,

 

We recently bought a house and now we've discovered that the pool is leaking. The water level has dropped about 150 mm from where it should be, so we've stopped the leak at that level for now.

 

Do I have the right to hold the previous owner liable, or is this now my own responsibility since I possess it?

[Anderson]

@MarkInt You have this right only if there was an agreement with previous owner in the contract you signed in front of the Notary. Usually, the real estate is bought as it is, so no possibility to claim anything after the deal was signed.

[Olga]

@MarkInt, check if the house has insurance... if yes - no worries, just contact your Insuarance company .