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News
Spill before the sale of a home
 12

  JUL

Spill before the sale of a home

Who assumes an approved spill prior to the sale of the home?

It is common to find situations that, after a certain extraordinary expense or spill is approved in the Board of the community of owners, the ownership of any of the homes is transferred, so that the owner at the time of payment is not the same as the one who voted on the board. Article 17.11 of Law 49/1960, of July 21, on horizontal property establishes that “The spills for the payment of improvements made or to be made in the property will be in charge of whoever is the owner at the time of the enforceability of the amounts assigned to the payment of said improvements ”. Therefore, the person responsible for paying the payment will be the owner at the time the corresponding receipt is issued and passed to the collection.

What if the sale occurs during a period of installment payments of a spill?

Normal practice is that the residents of the farm establish deadlines for the payment of such extraordinary expenses, it is not until that moment when the amount is due, since the community, by virtue of article 1125 of the Civil Code, could not claim these amounts in advance, so it will be whoever is the owner at the time of the enforceability of each term who must answer for said payment.

A common example is that it is agreed that the spill will be paid for 24 months. If, for example, the sale is formalized during month 12, the seller will be responsible for the payment of these 12 monthly installments already accrued, and the buyer of the remaining 12, still pending accrual.
Diseñado por CRM Inmovilla

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Responsable: Palper 2010, SL

Finalidad: To handle information requests through the website, aiming to offer real estate professional services and to give information about what’s requested.

Legitimación: The legitimacy is based on the consent you gave us when clicking the button “I accept the data protection policy”.

Destinatarios: Your data won’t be transferred to anyone, if not for legal obligation.

Derechos: You may use your right to access, modify, suppress, oppose, transfer or withdraw your consent on your personal data through the email info@solucionesinmobiliarias.eu