Selling property without estate agent /good Gestoria

Jimbofinn..you should have told them to shove the property and voted with your feet..I sure you would have found another property.

Good evening Kavanagh,

There was me thinking you must have quit EOS or been banned - haven't seen a post from you for at least 24 hours.

You have largely chosen what I consider the "bad guys" in Spain - of course it's a given that the politicians are corrupt and should also be added to the list.  But that's just stating obvious.

You mention "regulatory authorities" and ask if I can name any that are "fit for purpose".  I would offer "Architects" as being highly skilled and reliable.  Also, Notaries and Dentists, who as groups I've found to be professional, but after that I begin to struggle.  But that's just my experience - can you name any?

In truth these "bad guys" you list are the same greedy, lazy, grasping sectors all over the world, but in Spain they are allowed to get away with it too easily, due to the absence of any real consumer protection legislation - Spain is 50 years or so behind northern Europe.  

But in many ways that's why I love the place and it's people and the "non-professionals" - hoteliers, restauranteurs, entertainment and tourist folk and very much the place itself, that's the attraction.

"I had a potential CGT liability but he assisted in having this removed"

Sounds like a bit of "creative acounting". I won't ask! 

Acer, I hope my comment wasn't taken as a criticism, your guy obviously works well for you, which is fine. I simply wanted to point out for the OP and others that lawyers/solicitors are not usually fiscal experts, so a gestor would normally be who you would turn to for tax matters. For "conveyancing", if the term even applies in Spain, when buying it is advisable to use a lawyer; when selling, there's very little if anything for them to do - nothing in fact that an estate couldn't do for their sale fee, if one is involved.

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I must admit I have never heard of an estate agent charging seperate fees to both buyer and seller - at least, not officially. I have come across agents adding on more commission to the sale price without the seller's knowledge or consent, which I suppose amounts to the same thing in a way. Either way, I would question the statement "I have never paid an agent for purchasing a property". Unlike in the UK, where an estate agent usually "values" the property and suggests an appropriate market price, in Spain it is more normal for an agent to simply ask the seller how much they want for the property, and then add their 3 or 5 or 7.5% on top, meaning the buyer in reality is paying the commission. This is certainly what happened last time I put a property up for sale: I put a Se Vende sign in the window, and when I established that a caller was an agent, I told them the price I had quoted was the price I expected for me, any commission they wanted had to go on top of that. Hence, if they brought a buyer, it would in reality be the buyer paying the commission - albeit probably without them realising it. Unless, of course, having seen my number in the window they subsequently called me directly pretending to be a new caller, and got quoted a lower price. It has happened more than once! I wouldn't do it myself, and I agree it is unethical, but if a potential buyer wants to try cutting out an agent who I never approached in the first place & never signed any agreement with, I don't really have a problem with that. (Different story if I had in fact listed the property with that agent). But I would make it quite clear to that buyer that I will accept no responsibility if the agent finds out and gets shirty!

"Jimbofinn..you should have told them to shove the property....I sure you would have found another property."

Windtalker, I struggling to follow this - wasn't Jimbo selling? 

Good morning Roberto,

As in UK when you sell a property you are entitled to include the extra permanent fixtures added to the property to offset the profit you would otherwise declare, against tax.  The solicitor I use not only realises this but unlike most solicitors in Spain he gets off his bum to ensure it's not overlooked, as often happens.

He's also well versed generally in tax.  I've found that training and expertise is below UK standards, but functions are not so clearly defined.  As you'll know, frequently solicitors undertake accounts work which can make it a simpler process.  But I admit I've not used Gestors much - but yes they can be very helpful.  So often it's the individual, rather than the job title that matters.

Agreed 

Hello all,

It appears that the Constitutional Court has annuled the municipal capital gain tax (plusvalia) for those selling their Spanish homes. Does anyone know if this is in effect immediately? I was planning on putting my property for sale next week but am hesitant in case this new rule has not yet been fully executed.

Thanks for any information.