Crafting the Ultimate Feature Sheet: A Legal Broker's Guide to Showcasing Your Cuenca Property Safely

As an expat seeking to sell your home in Cuenca, the process can feel daunting, especially when navigating legalities and marketing effectively. While highlighting your property's most appealing features is crucial for attracting buyers, it's paramount that this marketing effort is built upon a foundation of legal certainty and financial transparency. This guide, from your trusted expat real estate broker and property law expert, will walk you through creating a compelling feature sheet that not only showcases your home's best qualities but also adheres to the stringent legal and financial due diligence required for a secure and successful sale in Ecuador. Our focus is always on protecting you from title issues, construction problems, and overpaying – the cornerstones of safe expat real estate transactions.

Beyond Curb Appeal: Legal Foundations for Your Feature Sheet

A feature sheet is more than just a list of amenities. For an expat seller, it's an opportunity to pre-emptively address potential concerns and demonstrate the sound legal standing of your property. This builds immediate trust with discerning buyers who understand the importance of due diligence.

1. Accurate Property Identification and Legal Status:

The bedrock of any feature sheet must be the absolute accuracy of your property's legal details. This includes:

• Full Property Address: This should be the registered address with the Municipalidad.
• Property Registration Number (Número de Ficha/Catastro): This unique identifier is essential for all legal transactions and searches.
• Deed Registration Details: Mentioning the Registro de la Propiedad (Property Registry) and the corresponding Número de Ficha and Tomo/Libro (Volume/Book) demonstrates that the property is officially documented and its ownership chain is traceable. We will ensure the Escritura Pública de Compraventa (Public Deed of Sale) is correctly registered.
• Area and Boundaries: The exact metros cuadrados (square meters) of both the land and the construction, as per the official Crédito Hipotecario (Mortgage Credit) or recent survey, must be stated. Inaccuracies here can lead to disputes and legal challenges. We will verify this against the Plano de Construcción (Construction Plan) approved by the municipality, if available, and the Certificado de Gravámenes (Certificate of Liens).

2. Documenting Legally Compliant Construction:

Buyers, especially those from jurisdictions with robust building codes, will be concerned about the legality of any construction. Your feature sheet should subtly reflect this compliance:

• Permitted Construction: If all construction was done with proper municipal permits (Permisos de Construcción), this is a significant selling point. We will ensure these are readily available and that the Declaración de Construcción (Construction Declaration) filed with the municipality accurately reflects the current state of the property.
• Unregistered Additions: Be upfront (and let us handle the disclosure) about any additions or renovations that may not have been formally registered. While not ideal, transparency is key. We will advise on the best way to present this and the potential costs of regularization. The risk of unregistered construction lies in potential fines from the municipality or difficulties in future sales. Your feature sheet should implicitly reassure buyers that any such issues are being addressed proactively.

3. Financial Clarity: Municipal and Utility Debts:

A property's financial standing is as critical as its physical state. A clean slate is a major draw.

• Municipal Taxes (Impuesto Predial): Stating that property taxes are current and providing the Certificado de no Adeudar Impuestos Prediales (Certificate of No Municipal Property Tax Debt) from the Tesorería Municipal is a non-negotiable item. We will ensure this is up-to-date.
• Utility Bills: While not a legal title requirement, demonstrating that all utility bills (water, electricity, internet) are paid up to the point of sale offers peace of mind. A feature sheet can mention "all municipal and utility services are current."

4. Highlighting Usable and Legally Secure Spaces:

When describing rooms and features, link them to their legal status where applicable.

• Legal Dwelling Units: If the property has separate, legally permitted dwelling units (e.g., an apartment for rent), this should be clearly stated. This is crucial for buyers considering rental income. We will ensure the Uso de Suelo (Land Use) designation by the municipality permits such usage.
• Parking: Specify the number of legally designated and deeded parking spaces.
• Common Areas: If part of a condominium or Urbanización, clearly state your share of common areas as per your Escritura.

Crafting Your Feature Sheet: Legal Safeguards and Best Practices

When you commission your feature sheet, remember that it is an extension of our brokerage's commitment to legal integrity.

1. The Role of the Minuta and Escritura Pública:

Your feature sheet should be informed by the details contained within your property's foundational legal documents: the Minuta de Compraventa (draft sale agreement) and the Escritura Pública de Compraventa (the final, notarized deed). These documents are the ultimate legal descriptors of your property. We will ensure that all information presented on the feature sheet accurately reflects the property as legally defined in these instruments. We will also ensure the Escritura is properly registered in the Registro de la Propiedad and that all associated impuestos and tasas have been paid.

2. Buyer's Due Diligence:

While your feature sheet provides highlights, serious buyers will conduct their own due diligence. We will ensure that all information provided on the feature sheet is verifiable through the official documents we will prepare for their review, including:

• Certificado de Gravámenes (Certificate of Liens/Encumbrances): This is vital to show the property is free from mortgages, seizures, or other legal claims not disclosed by the seller.
• Certificado de Tradición y Libertad (Title Search and History): This document traces the ownership history of the property.
• Certificado Municipal de no Adeudar (Municipal Debt Clearance Certificate): Confirming no outstanding property taxes or other municipal fees.
• Plano de Construcción Aprobado (Approved Construction Plan): If available, this confirms the layout and permitted structures.

3. Accurate Square Meterage:

Discrepancies in metros cuadrados are a common source of disputes. Your feature sheet must reflect the legally recognized area. If there are discrepancies between the Escritura and the actual built area, we will address this upfront and advise on the best course of action. It is crucial that the feature sheet states the metros cuadrados as per the Escritura Pública and any legally registered extensions.

4. Disclosure of Known Defects:

Ethical selling and legal compliance demand disclosure of known material defects. While your feature sheet focuses on positive attributes, we will ensure that any significant issues (e.g., past significant repairs due to natural events, known structural concerns that haven't been fully rectified) are documented and disclosed through formal channels, not hidden. This protects you from future legal recriminations.

Real Estate Due Diligence Checklist for Sellers

Before you even think about marketing, let's ensure your property is legally sound and ready for sale. This is what we will meticulously check:

• Title Deed (Escritura Pública): Verify its existence, accuracy, and recent registration.
• Registro de la Propiedad Status: Confirm the property is correctly registered and free of gravámenes (liens).
• Municipal Records (Municipalidad):
  • Impuesto Predial (Property Tax) Clearance: Obtain a current Certificado de no Adeudar.
  • Permisos de Construcción (Building Permits): For all constructed areas.
  • Plano de Construcción (Construction Plan): If available and up-to-date.
  • Declaración de Construcción (Construction Declaration): Ensure it matches the reality.
  • Uso de Suelo (Land Use): Verify it permits your current property usage.
• Servicios Básicos (Utilities): Confirmation of no outstanding utility bills.
• Reglamento de Copropiedad (Condominium Rules): If applicable, ensure compliance and review any outstanding fees to the Administración del Edificio or Urbanización.
• Identificación Personal: Ensure your cédula or passport details match those on the Escritura.

⚠️ Broker's Legal Warning: The Property Risk You Must Veto.

Unauthorized Construction and Title Discrepancies: The most significant risk you must veto is the sale of a property with substantial unregistered construction or significant discrepancies between the official Escritura and the physical reality. This can lead to disputes over property size, legal challenges regarding unpermitted structures, municipal fines, and ultimately, the inability to transfer clear title. Buyers will perform thorough due diligence, and any discovered irregularities can derail the sale and potentially lead to legal action against the seller. It is imperative that all construction be legally permitted and accurately reflected in the property's registered documentation. If your property has unpermitted additions, we will work diligently to address this before listing, or ensure full disclosure and negotiate appropriate terms if regularization is not feasible. Failure to do so places your financial security and legal standing at extreme risk.

Your Feature Sheet: A Testament to Legal Diligence

By meticulously ensuring the legal integrity of your property and accurately reflecting this in your feature sheet, you not only attract more serious buyers but also safeguard yourself throughout the transaction. Our expertise ensures that every detail, from the metros cuadrados to the registration numbers, is legally sound, providing you with the ultimate protection in your real estate journey.

Ready to showcase your Cuenca property with confidence and legal certainty?

Schedule your free, property-risk consultation today.