Mar
Your questions…
Queries from agents are already pouring in. Below is just an example of the kinds of questions being raised:
“Hi
Your help is very much welcomed.”
Well, first of all, you can check out our latest posts to find related information, or use the search bar to find a specific thread or phrase. If you can still not find what you are looking for, check out our Downloads Section. Here you can find useful documents that will help you to comply with Decreto 218.
The required forms you have to include in the DIA (Documento Informativo Abreviado) that must be enclosed with any property offer can be downloaded right here. Click here - Informative Document on Property for Sale for an example of the forms that you are required to fill out (you can modify it for rentals according to the official Decreto specifications); located in our Downloads Section. Filling out this document properly should ensure that you are following the correct procedure at all times.
If you have any further queries, questions, doubts or comments to add, please feel free to post your thoughts, tips, advice or anything that springs to mind, right here.
Thank you for Complying!
if we are an agent who is advertising an other agents properties do we also have to have all the paperwork or is it only the agent that has listed the property?
March 11th, 2008 at 2:20 pmHi B Warr,
March 19th, 2008 at 1:26 pmwe are going to create a post soon about this question. Keep watching us!
Thanks for your support.
Dear Comply218,
Can you please let me know what protection the real estate company has when providing all the required information to the consumer.
As we all know we fight a constant battle against clients and vendors doing private deals behind our backs after we have made the introduction when if it wasn’t for us the client would not know about the property in the first place!
We are now being asked to provide the owners name and address etc. simply when someone walks into my office or evens enquires via the web site, how can this be possible?
Does this also mean that we have the “legal” right to get the client to sign a binding agreement that if he approaches the owner directly or even purchases the property behind our backs he is the one responsible for paying our commission?
After all, once we HAVE to provide the client with all this information for FREE, why does he need the agent anymore, a loyal client was hard enough to find before, it will be impossible now!
I am all for legislation etc. but how about something to protect us hard working and honest agents who work, employ people and pay taxes on the coast for a change?
March 26th, 2008 at 8:28 pmthank you the sooner you can advise me the better please, can you also advise me about rental properties is the law for long term rentals or short term rentals thank you for your help
March 27th, 2008 at 12:48 pmHi
We deal mainly with rental properties and were unaware that this new law affected rentals as well as sales.
The current DIA form is geared more towards selling a property. Is there a different DIA for rentals or plans to introduce one?
Is it also a requirement to have the nota simple/escritura, basura, IBI etc for a rental? It just seems silly that a potential tenant would need this.
I appreciate your help.
March 27th, 2008 at 1:14 pmDoes this law apply to independant internet property portals where the property in question is merely being advertised ? if so does this then in turn apply to newspaper classified adverts?
March 28th, 2008 at 2:14 pmHi,
For those who deal with rental properties, the law still applies.
I’ve read the whole Decreto 218 and your DIA for rentals should contain the following:
1. Landlord details:
Name, Address, CIF Nº (if it is a company)
2. Intermediary or Real Estate Company:
Name, address, CIF number
3. Usable area
4. Usable area of garage, storage space and other buildings.
5. Description of the property and attached buildings
6. Description of services and fire protection systems
7. Inventory of Furniture, appliances and equipment
8. General description of the building, urbanization, communal areas and services
9. RENT:
Monthly rent
Monthly rent of parking spaces, storage spaces, other
Term of Contract
Payment Terms
Revision Formula
Payment Method
10. General Costs:
Total monthly costs
Taxes and other bills that are payable by the tenant
Specify if they are included in the monthly rent
11. What maintainance work will the tenant be responsible for?
12. Deposits and Guarantees:
One month rent
Other Guarantees
13. Agent’s Commission
14. Occupation licences in place?
15. Taxes affecting the property
16. Statutes of the Comunity, Community Quota, Building Installations Book (Libro del Edificio)
17. General outline of the rental contract (The client has the right to request a draft copy of the contract to be used!)…
And I think that’s all folks!!
March 28th, 2008 at 8:22 pmHi Lorena,
Thanks for the advice, it is very much appreciated.
I’ve read that the DIA needed for a rental is a DIA-Anexo VI - Does anyone have this?
This is going to keep me busy for a while!
March 31st, 2008 at 8:39 pmHi
April 1st, 2008 at 11:08 amI would like to know if this law Decree218 applies to a private owner who rents his property occasionally during the summer months, inorder to pay a few bills.
Hi,
Thank you very much for your translated copy of decree 218.
Can I also ask you to please change the security settings on the PDF so that we can print the document? (At the moment it is not allowed).
I think it will be very useful to carry a copy with us when we list property (we do it with the Spanish vendors already) as some vendors are reluctant to provide us with copies of the relevant paperwork sometimes and having a copy of the decree available for them to read might make things easier.
Many thanks
April 2nd, 2008 at 12:16 pmcan someone please advise me if the rental part of the 218 applies to holiday lets such as one or two weeks? also in regards to advertising properties that we have not listed do we still need to have all the paper work in our office or be able to get it within 15 minutes as we are not the listers only the advertisers?
April 2nd, 2008 at 12:30 pmcan you please tell me where i can collect a DIA spanish form from thank you
April 2nd, 2008 at 12:35 pmHi everybody and thanks for complying!!
April 2nd, 2008 at 2:31 pmLorena-> security settings have been changed, now you can print your pdf file.
b warr-> you can have a DIA spanish form in our download section, don’t forget to check it frequently.
We are sorry we can not answer every question in so short time, but we are working hard to bring you the most info we can. Just stay close to our updates and tell everybody to help us posting useful comments!
Thank you very much for your help. It is much appreciated and congratulations on a very useful site!
April 2nd, 2008 at 5:16 pm[…] seems open to various interpretations. Hence, and triggered by the comments being raised in Your Questions, the following statement is our latest take on the matter: Just a note to all of the unanswered […]
April 3rd, 2008 at 9:44 amQUESTION:
—
Ken Spencer Says:
Dear Comply218,
Can you please let me know what protection the real estate company has when providing all the required information to the consumer.
As we all know we fight a constant battle against clients and vendors doing private deals behind our backs after we have made the introduction when if it wasn’t for us the client would not know about the property in the first place!
We are now being asked to provide the owners name and address etc. simply when someone walks into my office or evens enquires via the web site, how can this be possible?
Does this also mean that we have the “legal” right to get the client to sign a binding agreement that if he approaches the owner directly or even purchases the property behind our backs he is the one responsible for paying our commission?
After all, once we HAVE to provide the client with all this information for FREE, why does he need the agent anymore, a loyal client was hard enough to find before, it will be impossible now!
I am all for legislation etc. but how about something to protect us hard working and honest agents who work, employ people and pay taxes on the coast for a change?
March 26th, 2008 at 8:28 pm
—
ANSWER:
Dear Ken,
Yes, by submitting a Nota Explicativa on payment terms and methods on properties for SALE, the client is legally required to sign for the document. Hence, it is advisable that when submitting a DIA or Ficha Informativa for sales, you also submit a Nota Explicativa, thus registering the client’s receipt of information.
Also, you will note that in the Ficha Informativa (for resales), there is a required section on the date for the binding relationship between the professional and the client. You can, therefore, indicate the time period that binds the client to you on the sale (you can indicate the time period that is professionally most acceptable, be it 30days, 60days, 90days, 120days, or more, for example. It is possible to see that, indeed, professionals have their interests protected with this protocol. Again, this information for resales must be submitted ONLY upon a client’s visit to the actual home for sale.
With regards to the new development sales, the develoeprs are going to have to accept client registrations (with the signed Nota Explicativa) directly with the agency…indicating the exact date and time of receiving the documentation and perhaps faxing the signed documents to the developer. Previously, clients were registered onsite at the developer’s sales office, but the new transparency of information requires that new development information be given to the client, AT THE SAME MOMENT that they request ANY information on the new development. By making an adjustment to the client registration process with the developers, agencies also have their interests protected.
Lastly, on rentals, There is no obligation to give the DIA until the moment of signing the rental contract (it is optional to give the DIA prior to signing the contract), so professionals have their interests protected. However, be sure to have the DIA and all required documents available, at the latest, for the moment of signing the rental contract with the client. Please note also, that if a client REQUESTS the DIA for rentals, at any moment, then it must be submitted by the agency.
Hope this helps.
April 3rd, 2008 at 1:49 pmKind regards,
Miguel Lameiro
QUESTION:
b warr Says:
if we are an agent who is advertising an other agents properties do we also have to have all the paperwork or is it only the agent that has listed the property?
—
ANSWER:
Dear bwarr,
An agency is required to have ALL required information and documentation as per Decreto 218/2005, whether the property is listed directly by the agency or in collaboration with another agency or developer.
In summary:
-for new developements: be sure to have all required documents and information available AT ALL TIMES (the developer can help by updating all required information, but you are ultimately responsible to ensure that compliance is observed).
-for resales: be sure that, upon a client’s VISIT to the home for sale, that you have all required documents and information available (normally, if you collaborate with another agency, they can easily help comply by bringing the documentation…but you are ultimately responsible to ensure that compliance is observed).
-for rentals: be sure that, upon SIGNING a rental contract, that all required documents and information are available (if it with the help of a collaborating agency, they can help by bringing the required documentation….but you are ultimately responsible to ensure that compliance is observed). And, if a client requests the DIA for rentals at any moment, then it must also be submitted at that time.
Hope this helps.
April 3rd, 2008 at 2:00 pmKind regards,
Miguel Lameiro
As far as private who let out thier OWN properties are concerned, Private persons, landlords, do NOT have to provide any of the documentation.
Indeed, Decreto 218/2005 is not applicable to sales or rentals of properties in Andalucia by private individuals who sell or rent their OWN property privately.
April 3rd, 2008 at 2:03 pmQUESTION:
b warr Says:
thank you the sooner you can advise me the better please, can you also advise me about rental properties is the law for long term rentals or short term rentals thank you for your help
—
ANSWER:
Dear bwarr,
The DIA for rentals, if not requested, is optional to submit to a client prior to signing the rental contract. However, it MUST be give, at the latest, at the MOMENT of signing the contract. Please NOTE ALSO, that if a client REQUESTS the DIA for a rental property, at ANY moment, then you must submit the DIA to the client at that moment.
Lastly, the DIA for rental properties is required for ALL rentals, whether short or long term. Please remember that this is a requirement for agencies and professionals only. A private person renting their home does NOT have to submit a DIA to the client.
Kind regards,
April 3rd, 2008 at 2:08 pmMiguel Lameiro
QUESTION:
Bill Says:
Hi
I would like to know if this law Decree218 applies to a private owner who rents his property occasionally during the summer months, inorder to pay a few bills.
—
Hi Bill,
Please note that Decreto 218/2005, Andalucía, does NOT apply for any sales or rentals of homes that are offered directly by the owner of the property.
The Decreto 218/2005 applies only to agencies, professionals, and proeprty developers. Essentially, to intermediaries who charge fees for their sales or rentals services.
Kind regards,
April 3rd, 2008 at 2:11 pmMiguel Lameiro
I am sure everyone will join me in welcoming Miguel Lamiero of MundolMLS.com.
Miguel is an Qualified Expert in Spanish Consumer Law and indeed specialises in Decreto 218/2005 and other related Andalucian Laws.
Miguel has kindly agreed to answer as many questions on this Blog, as his busy schedule will allow.
We May break this thread off into a specific Q and A section in the future, your comments on this would also be appreciated.
Thanks Again Miguel!
Conor
April 3rd, 2008 at 3:36 pm