When buying a home, different doubts come to mind with regard to various factors. What type of home can I find, how will I be able to pay for it, which area will be the most suitable or even where can I look for a home adapted to my needs. All these are important questions that need to be asked. However, we often forget another fundamental aspect: what rights do we have as a home buyer?
The documentation we are provided with is sometimes scarce. The purchase of a home is a long-term investment, so the buyer must know very well the conditions in which he or she is buying. To avoid future conflicts, you must take into account various documents that, as a buyer, you have the right to request before signing the contract.
The buyer of a property has various rights related to the different processes of buying and selling a home. Among these, we find the right to information and advice, to choose a notary and to claim for possible hidden defects.
Right to information and advice
The right of information refers to the possibility for buyers to access all information concerning the property they are buying. This right applies not only to the sale but also to the rental of property and real estate.
Among others, the information to be provided relates to the following aspects:
- Data relating to the seller: the name or company name, its address and, sometimes, the details of its registration in the Trade Register.
- Plans: general plan of the location, plan of the house itself, description and layout of the supply networks. In other words, plans of the electricity, water, gas and heating networks.
- Security: the guarantee of the different supply networks may be required and the security measures established against fire or any other damage to the property.
- Description: exhibition of the useful surface of the property and the general characteristics of the building, the common areas and the accessory services, if any.
- Materials: description of the materials used during the construction of the dwelling or, if there were any, of the reforms carried out. Also included are the thermal and acoustic insulation of the property, the building, the common areas and the accessory services, if any.
- Use and conservation: basic and essential documentation on the use and conservation of the different installations that require a certain amount of care. Information may also be required on the evacuation of the property in the event of an emergency.
- Registration: documentation on the property in relation to its registration in the Land Registry. If it is not registered, the expression of not being considered registered.
- Total price: price of the property and accessory services, if any. In addition, the form of payment may also be required with the details of the calculation and costs for each case. In this sense, information will be requested regarding the total cost of the home including the agent’s fees and VAT, if applicable. If the home is not indicated as being subject to this tax, the fee to be transferred will be the Property Transfer and Documented Legal Acts fee. In addition to this, information will also be provided on the form of payment, taking into account the type of contract established and the concept of the amounts advanced in the purchase and sale.
- Building licence: copy of the building licence, town planning certificate and licence for first occupation of the home, if applicable.
- Community of Owners: if applicable, it is possible to request a copy of the statutes and rules of operation of the Community of Owners and the services contracted.
- Properties under construction: the exact date of delivery and the phase of construction may be required when the construction of the home or common areas is not complete.
Right to choose notary:
The buyer will have the right to select the notary before the business sales. That is to say, sales of properties where the seller is a builder, property developer or any other person professionally engaged in the sale of property. However, this right cannot be exercised arbitrarily.
Claiming possible hidden defects:
In this case, the buyer has a period of 6 months to claim the hidden defects. The time will start from the handing over of the keys and therefore the signature before a notary.
This claim is given under certain conditions of purchase and sale.
Buying a house means a great investment and commitment. Therefore, the property must be evaluated with a critical eye and always under the the advice of professionals in the sector.
Depending on the situation of both the home and the buyer, the necessary documents to be taken into account will vary, but, in any case, it is important to bear in mind the rights you have as a buyer.