Ownership: why you shouldn't allow the seller to stay in the apartment after the deal is completed

This material is a continuation of our recent article, Mastery: Why You Should Never Hand Over the Keys to Your Home Until the Deal is Closed - March 12, 2020. Congratulations, you have finally bought a house in Spain and you are filled with excitement! For the buyer, this is an exhilarating moment. However, some cunning sellers will take advantage of the buyer's trust at this moment of vulnerability, asking to stay in the property after the deal is closed for just "a few days" while they sort out some issues. If you are buying property in Spain, you should never allow the seller to remain in the property after the notary closes the deal - never.

The excuses given are varied (preferably those that bring tears and build relationships on high values, which always work better on kind souls). The fact is that some cunning people, after selling a property, have no intention of leaving the property they just sold to you. And why would they? There are all sorts of advantages for them to stay there (or even linger longer): they have already received money for the property, so they are sitting on a pile of cash. They don’t need to pay rent because THEY ALREADY own the property, YOUR property. They don’t need to move their things; they are already there. Any unpaid taxes or bills will not be their responsibility; it will be the new owner's...

Some sellers abuse their position, making extra profit from sold property and enjoying free accommodation, all without consequences. Buyers naively think they can just barge in and change the locks or cut off utilities. However, they are in for an unpleasant awakening regarding the law in Spain. The seller can file a police report (denuncia), and the naive buyer can be arrested for illegal entry or coercion. This is because the seller only transferred ownership of the property, NOT the keys. If the buyer wants to get rid of the abusive seller, they will have to hire a lawyer and go through a full eviction process at their own expense. This typically takes between 6 to 9 months in Spain.

Thus, for the next 6-9 months, the seller enjoys free accommodation, and their lifestyle continues as before (but now with a few extra zeros in their bank account and without the need to pay bills or taxes). Do not allow the seller to stay in the house after the purchase. Always demand the transfer of property rights upon completion in front of a notary. No keys to the house, no completion, period.