Selling a house in Las Terrenas: preparing a solid file

Why prepare your file before selling

A well-advised buyer will have your property checked before committing. Their lawyer will ask for the title, a certification of legal status, the permits and proof that taxes and fees have been paid. If a problem comes to light at that point, the sale may be delayed, renegotiated or even abandoned.

Preparing your file in advance lets you discover problems in time, regularize them at your own pace and present a more reassuring property. It is also the moment to check who needs to sign: you alone, your spouse, or the company that owns the property.

Documents to gather

• The original certificate of title, in the name of the seller or sellers.
• The plans: the survey (mensura) or deslinde plan, and the building plans.
• The building licence and any permits obtained for extensions. See building permits.
• Tax receipts, in particular for the annual real estate property tax (IPI) where the property is subject to it.
• Identity documents of the owners and, where relevant, documents on the marital property regime or on the company that owns the property.
• In a condominium: the condominium regulations, a statement from the administrator confirming that fees are paid and, if possible, the latest accounts or minutes of owners' meetings. See regulations and management and fees and the reserve fund.
• Ongoing contracts: lease, rental management, services.
• Invoices for major works: useful to the buyer and, where relevant, when calculating the tax on your capital gain.

Common issues to regularize

To understand the first situation, read certificate of title or constancia anotada. For the second, see unauthorized construction.

Some regularizations take time, and not all of them can be completed before the sale. In that case, it is better to inform the buyer and let the lawyers draft suitable clauses than to let the problem surface at the end of the negotiation.

Questions to ask yourself before listing

• Is my title a certificate of title resulting from a deslinde, or a constancia anotada?
• Does the built area match the permits obtained?
• Are my taxes and condominium fees up to date?
• Is a mortgage, an opposition or a dispute registered against the property?
• Who needs to sign the deed of sale?
• What tax will apply to my capital gain? See property taxes.

Common pitfalls

• Listing the property without checking its status at the registry.
• Playing down a known defect: it is likely to come up during the buyer's checks.
• Accepting a deposit without a written contract reviewed by a lawyer.
• Accepting payment in cash or into an account not named in the contract.
• Stating a price in the deed that differs from the real price.

The value of a verified file

A verified file is not enough on its own to secure a sale, but it gives the buyer and their lawyer a clear basis. Questions are dealt with earlier, negotiation focuses on the price rather than on doubts, and the signing is prepared more calmly. For the buyer, the process remains the one described in the steps of a purchase: a ready file makes each step easier.

How we can help

The seller package combines a check of your title and of your permits, then summarizes the points to regularize. For an apartment, the condominium audit completes the file. You can also use our checklist before selling. Only a review of your specific file by a qualified professional can lead to a conclusion about your situation.

You can request a check even before setting your asking price.