118 CHA

A well -known real estate portal offered in July in Navarra about twenty housing, mostly in Pamplona but also in locations such as Cintruénigo, San Adrián y Tudela and with prices quite below what other properties usually cost in similar areas. The problem, as the website itself warns, is that the homes are out of the housing. That is, someone lives in them without a current contract or permission from the property owner. Among the properties “with restrictions” that are for sale in that portal there are also about 40 that are transmitted with tenants inside. From a house on the street begged Oteiza For sale for less than 43,000 euros, the most economical, to an independent villa of 300 square meters and eight rooms sold for 500,000 euros on Fuente Lantern street of Tudela.

The sale of floors with squatters or tenants are two very different realities that involve very complex operations but that can become attractive to certain profiles. The first assumption, the sale of shed housing, although still residual, was until not long ago unthinkable in the Navarrese real estate market because, as the real estate companies consulted recognize, “there were tools to avoid it that now under the concept of vulnerability they have deactivated.” It is the banks and investment funds that usually concentrate the bulk of the shed housing for sale and it is not common for these sale to enter the usual sales circuit.

Miguel church díezPresident of the College of Real Estate Agents of Navarra (Coapina) says he has no record of any operation that affects squatted homes that defines as something “anecdotal” although he does assure herself to know cases of tenants who do not pay and that “taking advantage of the concept of vulnerability, which is very extensive, and the slowness of the courts, may be months without paying the rent.” It is what is known as inquiokupation that corresponds to the figure of the Mooring tenant, since there is a contract in between and incurred in defaults. At the legal level, neither usurpation is considered a purple raid.

Nor do the rest of the person in charge of the real estate companies consulted currently have occupied homes for sale although everyone agrees to regret the clippers that exist so that before an non -payment the owner can recover the house which, they say, “subtract legal certainty”. “As the law is more difficult, an eviction for non -payment of a tenant is more than ending an outpour,” defends the president of Coapina who in any case ensures that the usual thing is that there are no problems with the tenants. In community notaries they confirm having made some sale of squatted properties. Among them, that of a farm that a Pamplonesa bought in the Mediterranean knowing that the farm was occupied. “I was not in a hurry and I was getting a very cheap price and she believed that she could resolve it. Obviously, the matter was reflected in writing, since the saleswoman did not deceive at any time and wanted that to reflect to what the buyer did not oppose. Bad faith contract of the seller, “explains the notary José Miguel Gómez Sánchez.

Idealista puts black on white on its website the phenomenon of the sale of housing shed with real examples and the casuistry of the real estate that is for sale is idealistic where at the end of 2024 they were on sale throughout Spain about 20,000 kupados.

From Real Estate Heritage Management, David Sánchez-Casas He explains that when the house is sold in these circumstances, the price is much lower than the market. Keep in mind that by not being able to visit the houses, the buyer must perform the operation almost blindly, ignoring the current state of the house and the one that will have when the occupation ends. “It is an operation or high -risk investment and as is understandable, few private investors bet on a purchase in these circumstances, make it more companies or investment funds that are also the ones that have the most housing for sale,” says this specialist.

With inqulino and limited availability

More common is the second of the cases cited: the sale of housing with tenant. “Flats with tenant have always been sold and we currently have some on offer,” he says Church díez who clarifies that to those floors you have to set a lower value due to the lack of availability over them. “Sometimes floors of people who have the right to be a lifetime are sold because there are still old contracts.”

In Real Estate Heritage Management They closed days ago two sale with tenant in the Ensanche. “The peculiarity of these operations is that the tenant has the right of preferential acquisition. Therefore, the sale must be formally communicated, indicating the price and form of payment and the tenant has a deadline to answer if he wants to buy the house at that price. If he does not answer within that period, then the sale can be made”.

As it details Gómez Sánchezthe right of the lessee to keep the house in the same conditions, is regulated by the Law of Urban Leases and has a period of one month since it is notified or since it learns to exercise it. “The buyer has to be sure that the tenants renounce their preferential purchase right, because if they cannot happen that they exercise that right and the buyer stays without the house. Usually, the issue is usually clear and the tenants renounce at the time of purchase or renounced when signing the lease,” he explains ensuring that the buyer has to respect the lease, he likes it, he does The tenants who are the new owner and what does they enter the lease.

No less important is to take into account the types of lease contract that may exist. Sánchez-Casas It details that the ancient contracts are life or practically, that is, for the entire life of the tenant and his spouse. “Even in certain cases a family member, a son or a daughter for a few more years in the house can be subrogated.” In these cases, income is usually lower than the market price, which has an impact on the price of housing.

For type contracts, the law establishes a period of five years extendable three more years and with them the income is usually more adjusted to the current market. Therefore, the price of housing will not be so low since at the end of the lease, the owner may use the house or re rent it again.