Who has to pay community of owners’ debts when purchasing a property?

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Who has to pay community of owners’ debts when purchasing a property?

One of the most frequent questions that arise when buying a property that is not newly built is concerning the debts left and who has to pay them.
When the debts are with the community of owners, the question is who pays them, the buyer or the seller?

The answer is given by the Horizontal Property in its article nº 9 according to which the buyer of the property is the one who responds for the owed amounts in the concept of general expenses. Moreover, the same property is the guarantee of the payment for the year in which they buy the house and the following three natural years. We must emphasize that if the community of owners wants to collect the debt, this must be up to date and be claimable.

To avoid unpleasant surprises, it is recommendable to ask the seller for a community of owners debts certificate before the signature at the Notary. And also it is a great idea to find out whether the community is planning on asking extra funds in the near future.

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