2025-09-09
In the world of real estate transactions, not all interests play on the same field.
On one side, the property owner who wants to sell is looking for peace of mind, legal certainty, and a good financial outcome. On the other, many real estate agents prioritize speed in capturing and closing deals, because their business depends on earning commissions—not on tax planning or the legal regularity of the property.
This difference in priorities explains why patrimonialization—that is, aligning and coordinating the physical reality of the property with its registry records—is often postponed “until later.” A decision that, in practice, can turn a promising sale into a long, uncertain, and risky process.
The Agent’s Immediate Interest: Capture and Sell Quickly
For many agents, their main task is to capture listings, advertise them, and bring buyers to the negotiating table.
Their commission depends on one thing only: closing the sale.
This generates situations where:
Quick listing is prioritized over regularizing the property.
Properties are marketed without verifying whether the square meters and structures match what appears in the Land Registry and Cadastre.
The responsibility (and headache) of uncovering irregularities is left to the buyer.
For the owner, however, this strategy is far from neutral: it means assuming risks for the benefit of a third party.
The True Interest of the Owner: Selling With Guarantees
When it comes to a property—and even more so if it is rural land, with the complexity of surface areas, old buildings, and registry history—what truly matters is:
That the property is legally secure, with no risk of suspension at the Registry.
That the sale is not delayed by open proceedings during the process.
That the calculation of taxes (capital gains tax, local levies) is accurate and optimized.
That the property can be mortgaged and financed without obstacles for the buyer.
That the real patrimonial value is reflected and protected.
These objectives are guaranteed by prior patrimonialization, not by rushing to close a deal.
The Cost of Conflicting Interests
When immediate sales are prioritized over patrimonialization, the owner faces complex situations:
Prolonged delays: regularizing surfaces and buildings can take months, blocking the transaction.
Buyers walking away: over time, they may change their minds, find another property, separate, face family issues, or even pass away before signing.
Downward negotiations: any irregularity becomes an excuse for the buyer to demand a discount.
Tax risk: failing to adjust the documentation can mean paying more tax than necessary.
General distrust: both buyers and banks are reluctant to engage with a property that is not “in order.”
In these scenarios, the agent may still have earned their commission or, at the very least, lost nothing. The owner, however, bears the delays, expenses, and missed opportunities.
Patrimonialization: A Strategy for Sale and Protection
Patrimonializing before going to market is far more than a formality: it is a smart strategy to maximize value and minimize risks.
A regularized and coordinated property is a property that:
Sells with confidence and transparency.
Secures better financing, as banks accept it as a solid guarantee with improved LTV (lo