Can I Stay in My Home After Selling It? Options and the Precario (Temporary Occupancy) Agreement

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Can I move after selling my house? <\/b><\/p>

When you sell your home, the buying and selling process doesn't end with the signing at the notary. The key moment is the handover of keys<\/b>, which marks the transfer of possession to the new owner. However, the question often arises: can I continue living in the house for a while after selling it? <\/i><\/p>

The handover of keys and possession of the property<\/b><\/p>

Generally, the handover of keys occurs on the same day as the signing at the notary. From that moment, the buyer becomes the new owner with full rights of use and enjoyment.<\/p>

However, the buyer and seller can agree on an additional period<\/b> for the former owner to remain in the property for a limited time after the sale.<\/p>

How is this agreement regulated? <\/b><\/p>

To avoid legal issues, it is common to sign a precario (temporary occupancy) agreement<\/b> or a similar agreement that regulates the conditions under which the seller remains in the house.<\/p>

What is a precario (temporary occupancy) agreement? <\/b><\/p>

The precario (temporary occupancy) agreement<\/b> is a legal figure whereby a person occupies a property free of charge and temporarily<\/b>, with the owner's consent. There is no rent or economic compensation, and the owner can revoke the use at any time.<\/p>

This contract is used in sales when:<\/p>

• The seller needs time to move to their new home.<\/li>
• A deadline is agreed upon to vacate the house.<\/li>
• The buyer accepts this situation and is legally protected.<\/li> <\/ul>

  Practical example<\/b><\/p>

  - A person sells their flat in Madrid and signs the deed at the notary on 15th March.
  - The buyer allows them to remain in the property until 30th April.
  - A precario (temporary occupancy) agreement is signed establishing this condition, and both parties are protected.<\/p>

  Risks of not signing an agreement<\/b><\/p>

  If the seller remains in the property without a contract or express consent, it may be considered illegal occupation<\/b> and lead to a judicial eviction process by the buyer.<\/p>

  Conclusion<\/b><\/p>

  Yes, you can move after selling your house, as long as there is a clear agreement with the buyer. It is most advisable to sign a precario (temporary occupancy) agreement<\/b> that establishes the conditions and period, avoiding legal conflicts.<\/p>

  Always consult with a lawyer or notary to ensure that agreements are formalised correctly.<\/p>