You have received a house by donation. Sell it at market price, without discounts for "risk" and without legal surprises.
Vender una propiedad recibida por donación reciente presenta retos únicos: inoficiosidad, plusvalías mal calculadas, posibles impugnaciones de herederos. Con el blindaje jurídico adecuado, estos riesgos desaparecen y el comprador paga el precio real.
The specific risks of selling a donated property
Knowing them is the first step to neutralizing them. A well-informed (and protected) buyer is a buyer who pays the fair price.
Inofficiousness
If the donation harms the legitimate share of other forced heirs (children of the donor who received nothing), they can challenge it. In such a case, the home could revert to the donor to be shared with everyone.
Solution: Preliminary study of family composition and calculation of legitimate shares before the sale.
Double Tax Burden
The donee has already paid the Gift Tax upon receiving the asset. When selling, they pay again on the capital gain in Income Tax (difference between the donation value and the sale price). The taxable base must be calculated correctly to avoid overpaying.
Solution: Optimization of the taxable base including the gift tax paid as a higher acquisition cost.
Donation Clauses
Many donations include conditions: prohibition to dispose until a certain age, obligation to care for the donor, or reversion if the donee dies first. These clauses can invalidate a subsequent sale if not managed correctly.
Solution: Review of the donation deed and verification of pending conditions before starting the sales process.
The process that eliminates the "risk" discount
Without legal protection, buyers demand discounts of 10-20% to cover the risk of challenge. We eliminate it and the price goes up.
Feasibility Legal Opinion
We issue a technical report analyzing the donation deed, family composition, legitimate shares, and possible conditional clauses. The buyer obtains certainty that the transaction is 100% safe.
Complete Tax Optimization
We calculate the actual Income Tax to be paid, optimize the Municipal Capital Gains and verify that the Gift Tax paid back then is correctly incorporated as a higher acquisition cost, reducing the capital gain.
Guaranteed Notary Closing
We accompany both parties to the notary signing, resolving any technical doubts. If there is any reversion clause, we summon the donor to sign the express waiver in the same notary act.
Everything you need to know before selling
Do you want to sell a property received by donation?
Share the donation deed and basic property data with us. In 48 hours you will have a free feasibility analysis and a clear roadmap to sell at market price, without risks and without surprises.
Free Analysis of My Donation