Selling houses from a web site etc

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wildside
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Selling houses from a web site etc

Postby wildside » Thu Mar 04, 2010 11:15 am

Hello all,

Could someone please point me in the direction of the laws relating to selling property from a website and opening an estate agents office?

I am after an official Spanish website for this but cant seem to track one down

Thank you

Jool
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Re: Selling houses from a web site etc

Postby Jool » Thu Mar 04, 2010 11:20 am

There isn´t a website for this, speak to a local gestor probably best.

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hillybilly
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Re: Selling houses from a web site etc

Postby hillybilly » Thu Mar 04, 2010 7:29 pm

Well there's decreto 218/2005 to be going on with
http://www.granada.es/inet/wordenanz.ns ... enDocument

wildside
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Re: Selling houses from a web site etc

Postby wildside » Thu Mar 04, 2010 8:08 pm

Thanks Hillbilly... I figured there must be something on the net... That'll get me started... If anyone else knows of other resources for this subject I would appreciate the links...

Jool
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Re: Selling houses from a web site etc

Postby Jool » Thu Mar 04, 2010 9:15 pm

You will need a licencia de apertura if you have a shop/office but that applies to any kind of business........many spanish agents do not even know about decree 218

wildside
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Re: Selling houses from a web site etc

Postby wildside » Thu Mar 04, 2010 9:34 pm

Thanks Jool, I am actually after some useful legal information, which is why I posted this in "You and the law in Spain".... The opening licence is (or should be) common knowledge and I got all that stuff covered... I am after up to date concise information that is published on the net regarding the law in Spain about selling property specifically from a physical office and also from a website..

Alta... specific to property sales

Opening licence... (But not like before as the law changed in february this year with regards to "licencia de apertura"). Now it is a declaración to the town hall and yasta!

What else?

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DavidSearl
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Re: Selling houses from a web site etc

Postby DavidSearl » Thu Mar 04, 2010 10:05 pm

FROM DAVID SEARL

FOR WILDSIDE

Well...ehrr....ummm. You see, Wildside, there is no law specifically about who can sell real estate, on the web or from an office. You need no professional qualifications, there is no oversight body in general and there is no control. Yes, there is an association which registers agents, but nobody has to belong to it. So, just do it.

Good luck with it, David Searl
You and the Law in Spain

katy
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Re: Selling houses from a web site etc

Postby katy » Thu Mar 04, 2010 10:21 pm

There seems to be a lot of "agents" operating out of the kitchen table. Many of these advertising on the web don't have an office or give their contact address.

wildside
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Re: Selling houses from a web site etc

Postby wildside » Fri Mar 05, 2010 8:56 pm

Hi and thanks for the answers...

But, to be clear here, a person does need to be legaly autonomo or other type of tax registered with an alta specific to real estate funtions...

Once the alta is organised then the application to the "association" mentioned by David can be made...

Where and what is the "association"?

More information anyone?... Any personal experiences of people working in the legaly recognised real estate area? (Please not buyers issues and woes, cowboys etc)....

Jool
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Re: Selling houses from a web site etc

Postby Jool » Fri Mar 05, 2010 10:18 pm

OK - you need to dar the alta with an epigrafe that covers the kind of work you will be doing, and How you do this will depend on your gestor´s advice and whether you are going as autonomo or setting up an SL as different rules and categories apply. For instance if autonomo you could set up as a salesman not necessarily as an inmobiliaria.

Rule 1 - register at Hacienda and Seg Social first BEFORE doing any advertising or anything else and do this at the beginning of the month - if you register on 31st of any month you have to pay seg social for that entire month as well

Rule 2 - consult with a good local gestor, preferably one used by spanish in your town not one geared to foreigners.

Rule 3- you need a land line telephone number

I think the Association referred to is one where you have to attend courses and study to comply and become a member. Decree 218 is very far reaching as Agents who were fined have found out to their cost, if you understand the property conveyancing process and comply with decree 218 then you will have more basics than many others realtors in Andalucia, although it has to be said the recession does seem to have weeded out a lot of the useless ones.

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hillybilly
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Re: Selling houses from a web site etc

Postby hillybilly » Sat Mar 06, 2010 3:05 am

wildside wrote:Where and what is the "association"?
I imagine David is referring to the API...?

Jool
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Re: Selling houses from a web site etc

Postby Jool » Sat Mar 06, 2010 10:52 am

If you are going the autonomo route then register as autonomo empresarial.

wildside
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Re: Selling houses from a web site etc

Postby wildside » Sat Mar 06, 2010 11:03 am

Hi and thanks for the answers...

To save time here for all I don't need advice about gestors asesors or autonomo etc etc.... I got that covered...

Just after any published resources about this from official Spanish websites....

Thanks again...

Jool
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Re: Selling houses from a web site etc

Postby Jool » Sat Mar 06, 2010 11:23 am

Apart from decree 218 there is none, when setting up in business out here you are on your own! You could contact the local Camara de Comercio and see if they have anything but doubtful , they normally just force you to pay money for doing absolutely nothing.

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Re: Selling houses from a web site etc

Postby katy » Sat Mar 06, 2010 11:36 am

Heard a few British agents on the CDS have been heavily fined for not complying with D218. The authorities choose a couple of properties advertised and ask them to produce the necessary items, which they don't have. Don't see how they can police the ones without an office. Which seems to be most of them now. I wouldn't be happy giving all those requirements to some of those fly-by-nights!

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Re: Selling houses from a web site etc

Postby Jool » Sat Mar 06, 2010 1:15 pm

Yes that is true but I don´t agree that all online agents are fly by nights, there are a few over this way who have been successfully and legally trading for over 5 years now as I know a few of them.

D218 requires agents to have the documentation available for viewings so those without an office can be and are also being policed and checked.


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