Property sale deed: what to check before signing
Before signing the sale deed, it is advisable to check the Land Registry status, any debts with the residents’ association, the property tax (IBI), energy documentation and how the price, charges and handover of the keys are recorded. An orderly review reduces errors and avoids taking on obligations that do not belong to you.
What should be checked before signing the sale deed
Signing a property deed should not be an act of blind trust, but the end point of a prior check. For you, as the seller-owner or as the party coordinating the transaction, the document review helps to make clear the legal and financial situation of the property and to avoid disputes after signing.
In a sale, the basic information usually requested before formalising completion includes the Land Registry status, the existence of charges, the payment status of certain bills and the wording of the financial clauses. The Comunidad de Madrid reminds us that the Nota Simple Informativa makes it possible to know whether the seller is really the owner and whether the property has mortgages or seizures, and also recommends checking that the IBI and residents’ association fees are up to date because, if they are not, the buyer may end up being liable for that debt in the legally предусмотрed terms. In addition, article 9.1.e of the Horizontal Property Act assigns the property responsibility for payment of certain amounts owed to the residents’ association by previous owners.
### 1) Check the legal status of the property
Before signing, make sure you are clear on these points:
1. Who is listed as the owner or owners.
2. Whether there are mortgages, seizures or other charges.
3. Whether the Land Registry description matches what is actually being sold.
4. Whether there are appurtenances or linked elements, such as a storage room or parking space, that should be expressly included.
Practical tip: request the documentation with enough time to spot discrepancies and correct them before signing. A small difference in the identification of the property can create problems at the notary or in the Land Registry.
Common mistake: assuming the property is “clear” because you have been told so verbally. In a property transaction, what is not documented is easily disputed later.
### 2) Check debts and bills that may affect the sale
In addition to the Land Registry status, review the financial side of the property:
1. Latest IBI receipt.
2. Certificate or proof of being up to date with the residents’ association.
3. Utility bills if their settlement is agreed at handover.
4. Any approved extra charge or extraordinary expense that may affect completion.
The Comunidad de Madrid itself points out that it is important to verify payment of the IBI and residents’ association fees, requiring the seller to provide receipts for both. That check is especially useful if you want to avoid the buyer later asking you to clarify any outstanding amounts.
In the residents’ association, article 9 of the Horizontal Property Act also establishes the obligation to contribute to general expenses and the real liability of the property for compliance with that obligation. That is why, in a sale, it is not enough to think that a debt is “the former owner’s”: it is advisable to close it off or identify it in writing.
### 3) Put in writing what is being handed over and in what condition
The deed should not only record the price. It is also advisable to note any accessories and the way possession is transferred.
Useful steps:
1. Specify whether furniture, appliances, remote controls, keys, cards or similar items are included.
2. Set the key handover date if it does not coincide with signing.
3. State the occupancy situation: vacant, let or with another agreed use.
4. If appropriate, add a reference to meter readings or the final state of utilities.
Practical tip: make a simple inventory and attach it as a private annex if the transaction includes furnishings. It is a straightforward measure that avoids disagreements about what has been handed over and what has not.
Common mistake: thinking that “everything in the property” transfers automatically. If you want something to be left out, or if the buyer expects something to remain, it must be stated clearly.
### 4) Do not confuse general guidance with individual advice
The guidance above is indicative and serves to organise a sensible review before signing. But every transaction may have its own particularities: an inherited property, several owners, an old charge, a residents’ association with an extra charge, or a transfer with special conditions.
If you want to review your specific case before signing, you can request an indicative valuation at valoración online de vivienda en Madrid, ask for help via contact or visit the Montesa 29 office, Madrid, Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.
Summary of practical actions
1. Request the Nota Simple and check title and charges.
2. Verify IBI and residents’ association payments before signing.
3. Put in writing what is being handed over with the property.
4. Clarify when the keys and possession will be handed over.
5. Review any exception or special agreement before signing the deed.
If the transaction has complex elements, the prudent course is to review it case by case before completing the signing.