Separate the deed from physical possession
The Spanish Civil Code regulates the seller's duty to deliver the property. Execution of a public deed can operate as delivery unless the deed clearly indicates otherwise. If someone will remain in occupation, the documents must describe the actual arrangement accurately.
Do not sign a statement that the home is empty and all keys have been delivered when that is untrue. Identify the occupants, the areas they may use and the agreed handover date. A sale with postponed possession is not the same practical deal as an immediately available home.
Agree the terms before completion
- An exact date and time for vacant possession and delivery of all keys.
- Who pays utilities, community charges and other agreed costs during the interval.
- Responsibility for damage, insurance and the property's agreed condition.
- Whether furniture remains, with an inventory where useful.
- A lawful mechanism for dealing with delay or failure to leave.
Any retention, security or agreed compensation should be professionally drafted and proportionate to the transaction. There is no standard amount that makes every arrangement safe. The legal character of the temporary occupation also needs assessment; a label alone will not resolve a later dispute.
Coordinate financing and practical commitments
Tell your lender about postponed possession before completing. Check any conditions affecting the loan and insurance, and avoid booking irreversible moving or renovation commitments on an assumption that the seller will leave early.
A final inspection should record condition and agreed items. If possession is delayed, arrange a second documented handover when the occupants actually leave. Include garage remotes, storage keys and access devices, not only the apartment's front-door key.
What if the seller does not leave?
Record the missed deadline and obtain legal advice on the agreement and the appropriate remedy. Do not force entry, remove belongings or disconnect utilities to pressure the occupant. Owning the property does not make every self-help measure lawful.
The available route depends on the contractual wording and legal nature of the occupation. This is why a clear pre-completion agreement is more useful than an improvised promise at the notary. If the risk is unacceptable, discuss postponing completion or another negotiated solution before signing.
Frequently asked questions
Is keeping part of the price enough protection?
Not necessarily. The amount, holder, release conditions and remedies need to be agreed. It does not replace a lawful possession arrangement.
Should all keys be listed at handover?
Yes. Record the keys and access devices delivered, along with meter readings, condition and any agreed outstanding items.