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And the broker tells you this is common practice, right? In truth, it's a known practice, but not so common. What is happening is that the seller wants to have less capital gains so they can pay less taxes. The problem for you as the buyer is that when you go to sell the property down the road, you will then have to pay more capital gains (unless you also find a buyer willing to make this deal). You will pay in taxes all that the current seller didn't pay. So why would anybody accept this? It's because some people in Spain have a sizeable amount of money tucked under their pillow that they never declared as earnings to the tax office. Giving this money as cash to the seller effectively launders it. If this is not the case with you, then don't make a deal with the seller. In fact, this should be made clear in the pre-agreement, so the seller doesn't try to force in this provision a week before the closing.
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What information should I get from my spanish property agent?
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When I sell my house in spain, are there any required inspections?
What is the trend in property prices in Spain?
The content on this page was kindly provided by Strong Abogados. If you need legal advice or help with property, employment or company law in Spain please visit their web site at www.strongabogados.com
Our database contains thousands of properties in Spain to suit all tastes and budgets.