Right of first refusal and withdrawal:
Navigate Housing Law correctly
Since November 2023, tenant and administration have right of first refusal. It is mandatory to notify them before selling. In Malaga, 15% of old rent housing require this procedure.
Housing Law: changes since November 2023
Greater protection to tenant. Mandatory procedure. Sanctions for non-compliance.
15%
Of housing for sale in Malaga are occupied by protected tenant (old rent or social housing)
30 días
Deadline that tenant or administration have to exercise right of first refusal from communication
6,000-60,000€
Range of fines for non-compliance. Seller and notary can be responsible.
Who can exercise first refusal and withdrawal
Tenant with old rent or social housing
If tenant is rented as main title (habitual home) since before certain period or by social housing contract, he has right of first refusal: he can buy home at same price and conditions as offering buyer.
Procedure
Notificar al inquilino 30 días antes de cerrar venta. Si acepta, es comprador automático. Si rechaza, puedes vender a tercero.
Public administration (free housing with protection)
In some cases, local or autonomous administration has right of first refusal for housing that meets social interest or protection criteria in Malaga.
Procedure
Notificar ayuntamiento de Málaga o delegación territorial. Plazo 30 días. Si no responden, derecho se extingue.
Steps to sell with preference rights
Prior audit
Review: is there tenant, type of lease, contract date, housing classification in municipal census.
Formal notification
Notify tenant and administration (certificate, with receipt) price and sale conditions.
Espera 30 días
Legal deadline for them to exercise rights. If there is silence, right extinguishes.
Sale or renegotiation
If tenant/administration accept: they are automatic buyers. If reject: you sell to third party freely.
First refusal and withdrawal in Malaga
Comply Housing Law, sell without risks
First refusal and withdrawal procedure is mandatory and protects seller too. We guarantee legal compliance. In Malaga, 30 years experience in sales with occupants.
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