Decree 218/2005 - How to comply with Decreto 218

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19
Jun

Todays Seminar on Decreto 218/2005

MundoMLs today hosted a very informative seminar on Decreto 218/2005, in la Cala de Mijas. Members of the comply 218 team were amongst the 100 or so real estate profeesionals in the room listening to Miguel and a panel of lawyers explain the background and details of Decree 218/2005.

I am sure that all in attendance founf d it very informative on many levels. The points that seemed “newsworthy” to will be posted later as individual posts with comments invited.

Miguel also offered to answer any questions arising from the seminar, that time constraints wouldn’t allow on the day, online - so please feel free to post any questions you may have arising from the seminar .

4 Responses to “Todays Seminar on Decreto 218/2005”

  1. 1
    Birgit Lühr Says:

    Hi Miguel, where do I find this “Nota Explicativa”?

    and also: if an agency has a up-to-date nota simple when doing a new listing: after 3 months have past is it enough to order a new nota simple within 24 hrs via internet? And not order for all listings new notas simples every 3 months?

    kind regards,
    Birgit

  2. 2
    Miguel Lameiro Says:

    QUESTION:

    1Birgit Lühr Says:

    Hi Miguel, where do I find this “Nota Explicativa”?

    and also: if an agency has a up-to-date nota simple when doing a new listing: after 3 months have past is it enough to order a new nota simple within 24 hrs via internet? And not order for all listings new notas simples every 3 months?

    kind regards,
    Birgit

    ANSWER:

    Hi Birgit,

    The Nota Explicativa is explained in detail in Article 8 of the Decreto, as well as Anexo IV.

    You are on the right track, regarding Notas Simples. Essentially, you are NOT required to have them on file unless you are going to visit a home with a client (in which case, you MUST have a copy available). I do not recommend that real estate agencies pay for ongoing Notas Simples, but rather have on file only those Notas Simples for the homes that are visited by clients. Please note also that the Nota Simple is NOT given to the client, rather it is available for consultation and verification of the details contained in the Ficha Informativa (obligatory to give a copy to the client who visits a home) and Nota Explicativa (only to be given to a client if requested).

    Kind regards,
    Miguel
    Independent Specialist Decreto 218/2005
    http://www.mundomls.com

  3. 3
    Miguel Lameiro Says:

    Dear all,

    As a great way to share information and details on Decreto 218/2005, please be sure to access all of the entries found in the “Legal Questions” section of

    http://www.spanishrealestateforum.com

    Kind regards,
    Miguel
    Independent Specialist Decreto 218/2005
    http://www.mundomls.com

  4. 4
    Miguel Lameiro Says:

    ORIGINAL ENTRY:

    Christopher Goodall Short Says:

    With regard your PDF file “Documento Informativo sobre Propiedad en Venta”, the proper title for this document (in accord with the 218 Decree) should be “FICHA INFORMATIVA EN SEGUNDOS O ULTERIORES TRANSMISIONES DE VIVIENDAS” (or “FICHA INFORMATIVA” for short). It is in fact the Annex 5 of the 218 Decree. According to this annex, on page 2 there should be details of THE OWNER (”DATOS IDENTIFICADORES DEL PROPIETARIO”) and not of the PROPERTY. Currently there is the “INSCRIP. REG., TOMO, LIBRO, FINCA, INSCRIPCIÓN Nº”, all of which can be found by looking at the Nota Simple and are not required according to “ANEXO V”. Whilst being a very handy form, it is very time consuming to fill out by hand if you have a lot of properties so making it into a PDF form would be a lot easier. I have actually done this myself and it saves us so much time being able to copy and paste. If you wish to have a copy then just let me know. Finally, well done with the website and trying to resolve everyone’s doubts about the 218 Decree.

    Kind regards, Christopher.

    June 19th, 2008 at 5:05 pm

    COMMENT:

    Hi Christopher,

    Good to see you here (we’ve corresponded via email on this very topic of the Ficha Informativa). Very true and insightful comments on the nature of the pdfs available for download. The team at Comply218.com will appreciate the feedback (as an independent specialist, I am not privy to initiating critical commentary). However, the efforts of the Comply218.com are appreciated in getting the word out on Decreto 218/2005.

    For complete management and creation of the documentation as per Decreto 218/2005, my own team at MundoMLS.com has developed LegalDocumentCheck Software. For full details, be sure to access our site and download the PDF brochure.

    Very important as well….we have just developed a new Knowledge Summary Chart to help agencies comply with the advertising requirements.

    Kind regards,
    Miguel Lameiro
    Independent Specialist Decreto 218/2005
    Director - http://www.mundomls.com

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