Buying a re-sale mobile home in Spain
Re-sale mobile homes in Spain.
What does FSBO mean in the mobile home for sale listing?
For Sale By Owner is the answer. When you see FSBO on a listing online it means you are buying the home direct from the owner and not the park it is on or the park agent advertising the home online should you decide to buy it.
As in the UK the buying and selling of a mobile home is an open market here in Spain and park owners (nor anyone else come to that) cannot force a valuation on the seller. The seller will always be the one who decides what they think their home is worth. The open market system works. If the seller over prices their home it does not sell, it is as simple as that. The park and agents can and do offer market value advice though based on what is selling.
If a home is priced correctly and a potential buyer likes the home after viewing it they will no doubt offer then what they think it is worth based on the asking price. If the seller accepts the offer then the deal is agreed between them. In short it takes two to tango and it is a simple and straightforward process. An offer sheet is signed and 200€ is paid to take it off sale instantly.
The home itself is of course in Spain on a Spanish park and is being sold by the owner with the right to assign a Spanish park contract. The park contract relating to the sale is governed by Spanish law and is in Spanish with an English translation.
Are solicitors involved? Not required for any sale to take place on the park of course but not discouraged at all. Buyers are very welcome to use a solicitor/lawyer if they so wish at their expense.
On rare occasions it has been a UK solicitor (acting for the buyer selling their UK property) making the final payment to the seller, using funds from the UK sale. Both the UK property sale and the mobile home sale in Spain completing on the same day. We liaise with the solicitors when that is to happen.
The park contract and owners:
When a mobile home is being sold within a residential style park (without actually moving) it makes life easy because ownership of the home is easily transferred based on the park contract that the current owner has already signed with the park owners that the home is on. They go hand in hand.
On Park La Posada and Corrales Park only the owner of a mobile home can have a rolling park contract assigned to the plot the home is on. The system also ensures that there is a full history regarding ownership of any home from the moment it arrived as a new home on the park.
The seller (already registered as the owner with the town hall) can sell the home on the park with the existing park licence being assigned to any buyer as part of the sale.This is agreed with the park in advance subject to the buyer being eligible to live on the park.
The system works perfectly because any buyer then knows exactly who they are buying the home from, what they are buying and of course exactly where it is. The park contract being transferred at the same time is guaranteed within the terms of the sale.
The padron registration (town hall) and residencia (Police) are arranged by the park free of charge for all new resident/owners as part of the complete retire to Spain package. That ensures change of ownership is also registered in Spain.
Thanks to the “owners only” park contract system it means that a Sales Agreement by Private Arrangement “SAPA” document (originally prepared by solicitors in the UK) can easily be used as a means of transferring ownership between the seller and the buyer.
The SAPA document sets out the terms and conditions by which the sale is to be completed. The park and park agents oversee that the agreed legally binding terms between the seller and the buyer within the SAPA are carried out and the home and park contract changes hands at the same time on completion. The new owners are then in possession of the rolling park contract in their name.
The cost of preparing a SAPA document is covered as soon as the 200€ is paid to reserve a home and take it off the market as per the offer sheet. That is the only process that is allowed during a park visit. Everything else is arranged once the visitors have returned home.