If both parties agree to lie in their declarations, before the Notary, Land Registry and Tax administration there is very little anyone can do…
Real control is only possible in Protected dwellings as selling price is regulated and Regional Governments have the right to buy the houses in the given prices but selling non protected dwellings between individuals… quite hard…
One announced measure to try to stop this is to make compulsory to attach private contracts to the tittle deeds but i doubt it will do any real effect…
But anyway be careful and NEVER accept to pay the so called black money… You may find ‘Hacienda’ making an investigation and using the real market value of the house to fine you….
A Spanish notary is possibly one of the most comfortable (and profitable) professions in Spain
Yep, but you have to bear in mind that the selection procedure to become a Notario or Registrador it’s the hardest in Spain, know a few lawyers, real good students, that tried for many, many years without success (some of them now judges and public prosecutors instead)
However, have to say that even if you are “white” all the way and the price on the Escritura is the actual price you have paid….there is still no guarantee that the Hacienda will not impose a fine on you (and the vendor) at any stage in the future if they feel you have underdeclared. Seems the Hacienda need regulating more than the Notaries!!
What line does the Hacienda take when someone sells at a (genuine) loss – one that is evident by the price on the Escritura?
In these times, there are cases of people selling at a loss for various reasons.
Surely, if Hacienda can fine vendors/buyers for underdeclaring, then it stands to reason that the witness to the underdeclaration was the Notary?!