It is very common to go to certain real estate portals or brokerage agencies for the purchase of real estate, although in many cases the purpose is only the sale of the property in question and many aspects that are essential for the sale to be successful are ignored. term and the buyer does not encounter unpleasant future surprises.
Therefore, certain situations must be taken into account in which it is essential to have a specialized professional, more than just a real estate intermediary.
SALE BETWEEN INDIVIDUALS
In this case, the buyer and seller acquire a prior commitment (installments on account, reservations, down payments, etc …), and it is essential to go to a legal professional to have the advice of an expert before signing at the Notary.
It is the buyer who may be most affected in this regard if he does not have the correct advice from the beginning of the operation, since he will be the person obligated to pay and acquire the price for a property with all its circumstances, the person obligated to bear the corresponding taxes, and also the payment of intermediary commissions.
The documentation where the conditions and the delivery of money are reflected must be made or reviewed by a professional, it is what we call «deposit agreement», where the seller is given the agreed signal and the conditions are agreed to materialize the sale without problem. Likewise, the professional will compile the appropriate documentation for the signature in a Notary and will provide the appropriate advice so that the seller and the buyer agree on the terms and quantities of the sale.
THE ARRAS CONTRACT
The deposit agreement turns out to be one of the most complex and committed contracts, since in that contract it represents the sale and purchase with price delivery.
The type of deposit agreement that we can sign can be penitential, confirmatory or criminal depending on its content and conditions.
The signing of the deposit agreement cannot be left to anyone, because by the time the buyer is signed, he must already have absolute knowledge of each and every circumstance of the estate, physical, technical and legal.
The buyer before signing this document must have knowledge of all the registry aspects of the property that sometimes are not only known with a simple note, in many cases it is necessary to request a certification to see the history of the property, since there may be segregation or horizontal division problems.
In this regard, reference must be made to the owner or seller of that property, who in certain circumstances may have a former owner or several owners of the same property.
Likewise, at the signing of the down payment contract, you must have in your possession the certificate of urban use that reflects which with the urban circumstances of the farm, since these do not follow from the registry information and can only be corroborated by consulting the planning and possible affectations already present or future.
This precaution should be extreme in the event that we are interested in buying a farm on a plot, or in case of rustic properties. From this information we will also obtain the use and buildability of the farm to be acquired and from this, we can project the possibilities and expectations that we have in this regard.
REGISTRY AND REAL SURFACE
One of the aspects of vital importance in advising on the buying and selling process is coherence is the coherence of surfaces that can be predicated of the same farm: the real, registry and cadastral surface. A difference between the real and the cadastral surface of more than 10% may lead to the need to carry out certain legal operations as a file with greater capacity. No less important is when the built surface registered in the Registry does not coincide with the real one, therefore it is essential to ensure that the construction to be carried out can be registered in the Registry without problems in favor of the buyer. For all this, on certain occasions it is necessary to have the appropriate certificates or administrative authorizations that are not always easily obtained and that the expense that this entails must be deducted from the purchase price.
FARMS WITH POSSIBLE FUTURE CONSTRUCTIONS.
In this case, special attention must be paid to possible breaches of delivery times, excesses in the price initially agreed and defects with respect to the agreed qualities, so all the specific regulations of the Ordination and Building Law must be applied. with requirement of guarantee and bond at the time of signing the contract, so that the buyer can demand automatic compliance with the clauses in his favor without having to resort to costly requirements and legal actions.
No less important is the acquisition of a commercial premises for the development of an economic activity, since in these cases, in addition to the urban study of the property or estate in question, it is necessary to pay special attention to the activity license and all the circumstances that this entails, as it can be the case of certain aspects with the communities of owners.
All the aforementioned is only intended to warn property buyers of the need for this well advised at all times by a specialized professional, this will provide all the security and guarantees that this type of case requires.