If the landlord sells the flat, do I have the right to buy it before anyone else?

Question

José Manuel Alburquerque · Accepted Answer

Yes. If the landlord decides to sell, they must notify you by a means that provides reliable proof, such as a “burofax”, a certified letter with proof of content, stating the price and the other terms. From then on you have thirty calendar days to tell the landlord that you will buy on those same terms, which is known as the right of first refusal (“tanteo”). If the landlord did not notify you, or if in the end they sold for less or on terms more favourable to the buyer, you can take the home by paying the buyer what the buyer paid, which is known as the right to buy back (“retracto”). Since 8 October 2026 tenancy agreements can no longer include a waiver of this right, which also continues to apply even if the flat is sold together with others. Before the sale, the right of first refusal The notice must state that the landlord has decided to sell, the price and the other terms of the sale, such as the method of payment. The thirty days run from the day after you receive it. Within that period, tell the landlord that you want to buy, also by a method that leaves a record. If you need a mortgage, start working on it from the first day. If the landlord does not sell within 180 days of the notice, they must notify you again before selling. If the flat is sold together with other flats or with the whole building, the right still applies provided that the home can be legally identified as a separate unit. The notice must tell you what part of the price corresponds to your home and how it has been calculated. If it does not, you can later exercise the right to buy back. After the sale, the right to buy back You can exercise it if the landlord did not notify you of the sale, if the notice lacked anything the law requires or if the landlord sold for a lower price or on more favourable terms than those notified to you. You have thirty calendar days from when the buyer notifies you of the purchase by a means that provides reliable proof, with a copy of the deed. You will have to pay the buyer what they paid, plus the costs of the purchase. In addition, the sale cannot be registered at the “Registro de la Propiedad”, the Land Registry, without showing that the notices were given to you. As the time limit is very short, seek advice as soon as you receive the notice or learn of the sale. Before suing, in principle you must attempt the negotiation that the law has required since April 2025. Asking the buyer for it stops the time limit running while negotiations take place. If the buyer does not reply within thirty days, the time limit starts running again. When this right does not apply It only exists if the home is sold. You do not have it if the landlord gives the home away or if it passes to their heirs, nor, in principle, if it is allocated to one of the co-owners when they divide it between them. If your agreement predates 8 October 2026 and you waived this right in it, the waiver may still be valid, depending on when it was signed and how long it lasts. It is a question that may end up in the courts.