Purchase-Sale
(A contract of adhesion and general clauses)
It is a standardized document where the sale and purchase conditions are specified. Usually, it is edited by the real estate company.
Read with attention all the clauses of the contract, without forgetting those that indicate who position of the expenses will be made and of the derivative taxes of the acquisition. Notice, also, in the rights and obligations incurred for the two parts.
The sale and purchase agreement
In occasions, before signing the writing he/she is carried out a document subscribed by the salesperson and the buyer, in which is reflected the reached agreement (identification of the parts, description of the property, price, form of payment, responsible for financing the expenses and corresponding taxes, etc.). The quantity surrendered by the buyer is part of the conventional total payment. You should keep in mind that the fact of signing a private contract of sale and purchase doesn't become proprietor of the housing until he/she is carried out the delivery of keys of the same one that coincides with the signature of the writing.
How to agree the price of the sale and purchase
It can be carried out in different ways:
- With cash: the entire amount surrenders at once of sale and purchase. In this case the most advisable thing is to sign the writing directly before notary.
- Postponed: the habitual thing, when a private contract of sale and purchase is signed it is that the price is carried out postponed, reserving the biggest possible quantity for the signature of the writing. In the case of sale and purchase with postponed price, the salesperson can be guaranteed, what means that if the buyer doesn't pay the property it is of his property again.
- Subrogation of loads: the existent loads, as the mortgage and the unpaid receipts should be discounted from the delivered price to the salesperson. If we will subrogate ourselves in them, we should contact the creditor to determine the conditions. In case a mortgage exists, debit sides to know that the financial entity has to give its consent so that you can continue paying the loan that has the housing, and he/she will make it in the moment of the signature of the writing.
The title deed
A writing is a signed public document and ratified by a notary. Later on, he/she registers the writing in the Registration of the Property. The most outstanding writings are those of sale and purchase, those of mortgage and those of declaration of new work.
The salesperson should present the writing corresponding of the housing that he will sell. When making the purchase, it will be sent by the notary a new sale and purchase writing between buyer and salesperson, where they will figure all those clauses and conditions that have been made a pact (I price, form of payment, etc.)
The public title deed
It is the moment summit in the process of purchase of a housing. After signing the notarial instrument you are already proprietor. Your name will appear inscribed as proprietor in the registration of the property.
When you have to inscribe the housing in the registration of the property
Once signed the writing, their inscription proceeds in the registration of the property. The purpose of the Registration is to leave written perseverance of the ownership of the goods and of any right that relapses on the same ones. This inscription is advisable to carry out it to obtain the maximum juridical guarantees. It will be indispensable in the case of having to request a mortgage loan or to want to subrogate us in one that already exists.
The inscription in the registration of the property
The presentation of the writing in the Registration of the Property the notary carries out it the same day of the signature. He/she would notice it or the designated administrative agent to this effect, will take charge of all the steps. Also when the registration of the property already returns both writings inscribed, the agency will make you arrive the first copy of the purchase of your housing and another of your loan, as well as the invoices of all the amounts that you have paid for your bill.
Costings of the purchase sale
Write the purchase-sale amount in Eurus and subsequently press the button to Calculate Expenses. |