Decreto 218


Decreto 218 de 11 de octubre, Andalucia is a law that was approved by Junta de Andalucia a few years ago. The law was approved to protect the consumer when purchasing or renting a property. In short, the law consists of providing clear and transparent information about the properties to the consumer. When purchasing a property the consumer should be totally aware of what he actually gets. The law should guarantee that no unwanted surprises show up after a deal is closed. This is also beneficial for the vendor and the real estate agencies. The consumer or buyer gets all the information in writing and is asked to sign that he has received it. In this way there can be no discussions afterwards of what information has been given or not.
The documents that are required today are the same as a few years ago with the only difference that they have to be provided in an earlier stage. Earlier the documents were provided at the signing of the title deed at the notary but today they have to be presented by the vendor when putting the property out for sale on the market with an agency. These documents are, for example, certificate from the town hall that the tax payments are up to date, Nota Simple from the land registry and information about the community of owners.
The extra costs and taxes that come with a purchase of a property must be clearly presented for the consumer.

As for an example for resale properties, the law says that:
In compliance to Decreto 218/2005 de 11 de octubre Andalucía, every property has a Nota Explicativa with detailed information about the costs related to the purchase of the property. A free copy of the Nota Explicativa is given to any consumer who requests it.
In compliance to Decreto 218/2005 de 11 de octubre Andalucía, every property has a Ficha Informativa with extended information about the property. A free copy of the Ficha Informativa is given to any consumer who, as a result of the intermediary services of our agency, visits a resale home.
A signed receipt will be required when receiving these documents.

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