You have managed to sell your apartment and there are a few days left to sign the deed of sale. You may have doubts and some of the most frequent are: What should I leave the buyer of my apartment? If there is air conditioning, can he disassemble it and take it with me? Can I leave furniture? Is it possible to disassemble taps? In this post we answer all your questions.
Obligations of the seller
The main obligation of the seller in the sale is to deliver the thing (in this case, the property) and this obligation is qualified in article 1097 of the Civil Code that regulates the following:
The obligation to give a certain thing includes the obligation to deliver all its accessories, even if they have not been mentioned.
In addition, article 1258 of the Civil Code establishes the following:
Contracts are perfected by mere consent, and since then bind, not only compliance with what was expressly agreed, but also all the consequences that, according to their nature, are in accordance with good faith, usage and the law.
In this sense, the Provincial Court of Zaragoza in judgment 257/2018 of April 24 obliges the seller of a home to indemnify the buyer for the damages caused to said home when removing the accessories. This is a case in which the buyer of the home granted the seller a period of time, after the sale, to remove his furniture and belongings and he not only removed the furniture and belongings, but also took built-in wardrobes, shower screens , switches, plugs, false ceilings, kitchen and bathroom furniture, toilets, skirting boards and cornices, in such a way that it produced significant deterioration and depreciation of the home which, moreover, made it uninhabitable. The court considered, based on the articles of the Civil Code that we have seen, that the obligation to deliver the home included the obligation to deliver its accessories, even if they had not been mentioned in the sale. Therefore, it was considered that the seller’s action was contrary to good faith and that he should indemnify the buyer.
Elements that you should consider to know what to leave and what not
To determine what to leave and what not to the buyer of your house, it is essential to consider several aspects:
– What did you include in the announcement of the sale of the apartment. For example, you may have detailed that the appliances are high-end and that they are part of the equipment of the house. In this case, you should leave them.
– What have you negotiated and included in the sales contract. It is important that you make everything clear with the buyer when they visit the apartment and negotiate the sale. It must also be regulated in the sales contract what remains in the apartment and what does not. For example, if there is an air conditioning installation that you want to take with you, you should tell the buyer about it and include it in the contract.
What should I leave the buyer of my apartment?
Once the above has been considered, we are going to detail what to leave to the buyer:
– Iinstructions for household appliances. You can leave the instructions for electrical appliances such as the boiler or others that are fixed such as the ceramic hob or the oven.
– Keys to the house and garage remote control. Although the deed of sale symbolizes the delivery of the keys, it is common for copies of house keys (portal, main door, mailbox, etc.) and garage controls to be delivered.
– Supply contracts. Talk to the water, electricity and gas supply companies to cancel the contracts.
– Documents related to the building. You can leave a copy of the community statutes and internal regulations, for example, as well as the building’s insurance and the administrator’s contact information.
– Documents related to the building. You can leave a copy of the community statutes and internal regulations, for example, as well as the building’s insurance and the administrator’s contact information.
– Energy certificate. It is a mandatory document to sell a flat in Spain since 2013. To obtain it you must hire the services of a qualified technician. This will visit the apartment and measure energy consumption and the state of the facilities, then prepare a report with the results and advice for improvement. The report is submitted to the corresponding body of the autonomous community to obtain the energy label that indicates the efficiency of the house with the letters from A to G. The label must be delivered to a notary who grants the sale and quoted in the advertisement of sale of the house.
– Certificate of the community of owners. It is a document that indicates the outstanding debts for community expenses that the apartment has. – –
– Copy of IBI receipts. A copy of the receipts of the IBI and proof of payment must be delivered of these to prove that the apartment is up to date with the payment of the tax.
– Certificate of habitability. It is the document that certifies that the home meets all the habitability conditions established in the applicable regulations.
– Copy of property title. For the sale, you will also need to provide a copy of the title deed, that is, the deed by which you are the owner: sale, inheritance or other
Is it mandatory to leave any item on the floor?
There is no standard that answers this question in a concrete way, but it is considered that everything that is basic elements of the apartment and that cannot be moved without causing deterioration in the apartment, should remain, for example: basic installations electricity, heating or air conditioning, taps, toilet, bathtubs, shower screens, kitchen furniture, ceramic hob, oven, extractor hood, boiler, built-in cabinets, false ceilings, built-in cabinets, doors and windows, among others.
However, other elements that are movable are usually taken by the buyer, such as: the washing machine, the dishwasher, the refrigerator, the microwave, mobile air conditioners and furniture (beds, chairs, tables, sofas, shelves, paintings), among others.
Can you negotiate what stays and what doesn’t stay on the floor?
It is possible to negotiate everything you want regarding the equipment of the house and the conditions of the sale. For example, you may have decided to take the appliances and the buyer is interested in keeping them. In that case you will have to negotiate a new price of sale and detail in the contract the electrical appliances that remain in the house, the brand and the model.
As a consequence of all of the above, it is essential that, even before advertising your apartment on a website for the sale of apartments, you analyze what you want to leave and what you do not want to leave in the house and detail it in the ad. In addition, you must make it clear with the seller from the first moment so that there are no surprises. In the event that you leave something such as furniture or appliances that can be moved, you must also specify this in the deed of sale.
If you need help with the sale of your apartment, do not hesitate to consult our experts and they will advise you on all aspects of said sale and on what you should leave the buyer.
