Second-hand housing is still the queen of the real estate sector. She owes almost everything the growth of the purchase of housing registered in 2018, which reached 10.1%, the highest level in the last decade. The routes that potential buyers undertake to reach this type of property are usually two: they contact directly (or through an advertisement portal) with the owner of the house to negotiate the sale; or interact in the first instance with a real estate agency. But not always behind an advertisement for the sale of a home made by an agency is a private one, as it also the floors that banks and funds remain after foreclosure can have as a showcase a real estate. What should the user look for if he wants to acquire one of these floors?
First of all, you have to know that "the homes of banks -which, in turn, sell them to the funds- and the Sareb [una sociedad de gestión de fondos procedentes de la reestructuración bancaria] they are always managed by marketers ", explains Ricardo Gulias, finance expert of the iAhorro banking comparator. These are very large companies, such as Altamira, Sílvia, Servhabitat or Haya. Since its volume of products is huge, "they use other smaller marketers," he says. The last ring of the chain, which is entrusted by the small traders, is the traditional real estate.
The precautions will then be the typical ones that must be used when you want to go through an agency in the purchase process. Above all, it will be determined that the real estate agent delivers the current simple note (a document issued by the Property Registry that informs about who owns the property, the possible associated charges and limitations of use), a copy of the cadastre, the status of the community of owners, whether or not there are spills, the energy certificate, the certificate of habitability (in the Autonomous Communities where it is planned), information on whether the ITE is past or not, and how much is paid from the community.
In any case, according to Gulias, it is difficult for a bank or fund floor to be sold through an unsecured real estate agent. "Marketers do not work for a long time with those that do not sell or are not able to solve problems that may arise," he points out.
This expert indicates that the sale of a floor whose owner is a bank or a fund is usually a "slower" than usual and "not agile". The fact is that, before arriving at the signature, it is obligatory to submit to a strict protocol of prevention of money laundering and, in some cases, that the term has expired for the right of pre-emption and retraction that some local administrations have on this. type of housing. "But it compensates, because the floor is usually cheap and good," says Gulias.
As in the case of a sale between individuals, "the civil legislation of protection to the buyer will apply," says the spokeswoman of the Organization of Consumers and Users (OCU), Ileana Izverniceanu. Which translates into the possibility of claiming for hidden defects within a period of six months. Do not forget that the Building Regulation Act (LOE) provides for guarantees, whose deadlines, however, begin against the certificate of the end of work of the house and not the signature of the sale. In this way, and although it is difficult for a second-hand dwelling still to fall within these terms, the LOE covers 10 years for structural failures, three for habitability defects, and one for flaws in the finish.
In general, Izverniceanu refers to the individual sale of homes, since financial entities do not engage professionally in the purchase and sale of real estate as part of their usual business. However, it may be the case that a bank or a fund sells a whole promotion of tens or hundreds of homes to as many buyers, through adhesion contracts. In this case, "the buyer would also be covered by the abusive clause protection rules, just as he would be if the bank sells a mortgage together with the house ", concludes the spokeswoman.