Detras de la Fachada

Legal documentation required for the sale of home in Cuba

Hello my name is Anna and I'm selling my house, but I have doubts of the documents that I have to make the sale

Ana Gonzales - January 6, 2013

Cuba is regulated in the contract of sale of property, whether real or personal, in Law 59/1987 dated 07.16.1987 "Civil Code" specifically in Chapter Three, Articles 334 to 352, in which plasma from the concept of sale as a contract by which the seller agrees to transfer ownership of property to the purchaser by delivery and to pay for it this certain price in money, to the obligations of the seller and the buyer, passing by banning certain subjects (or individuals) to purchase goods of this nature, however, more specifically this legal business is regulated by the General Law of Housing in Articles 21, 42 to 48, 70 third paragraph and 108 in his last paragraph, but in 2012, precisely dated 11.10.2012 entered into force on Decree Law 288/2012 which amended the Housing Act already mentioned it to her was regulated transmission homeownership among individuals and the simplification of this process, so cumbersome that took the General Housing Act referred to, as well with this new legal formalities housing sales are made before a notary public, but not any notary can carry out this procedure, it is empowered to authorize the deed, when the contract transferring ownership is a property, which has headquarters in the municipality where the property is located and people interested in doing this process must submit to the Notary Public, by the provisions of Decree Law 288/2012 in Article 70.4 (amended), the following documents:

The updated property title is, this update is made to the title when there are errors, omissions, not including property appraisal, or not specifying the metes and bounds. Should also be made if you have made constructive actions that modify internal housing characteristics and the description does not match that reflects the title.

The Certificate of Land Registry issued by the official registration and in which it is stated that the person who is the owner intends to sell the property and object of the transaction is registered in the state registry.

The Bank's Certificate debts, in which it is stated if the owner, it would be in this case the seller does not own debts on the property, or the house, item for sale, also, the buyer is obliged declare to the notary public who do not own another home as a permanent residence.

The cashier's check is one that emits the Bank in which it is stated the value of the property you intend to sell and it was previously agreed between Buyer and Seller, this means that the price is freely agreed between the parties, but not may be less than the value that the house contained in the Title property, which means it can be equal or greater. Clarify that the time of signature of the notarial deed this cashier's check must be delivered by the buyer to the seller to the effect that when you want to cash it in the bank, this option was set to avoid handling large amounts of money . This is set out in Article 70.3 (amended) of Decree Law which we refer.

Provide two stamps five pesos national currency.

Also thirty-five (35) pesos national currency rate is applicable in this case, as provided Resolution No. 130/1998 of the Minister of Justice, for the service requested.

Once the process both the seller and the buyer must pay four (4) percent of the total value declared in the cashier's check before explained.