What a lawyer does for a seller
A sale involves more than finding a buyer. The legal side has to be ready so that the deed can be signed and the taxes are dealt with correctly. I act for you as the seller: I check the documents, review the contract, explain the taxes and prepare the signing before the notary.
When you need it
Ideally before you accept an offer or sign a reservation or a private contract, because the terms you agree at that point shape the rest of the process. It is also useful if you live abroad, if the property still has a mortgage, or if you inherited it.
How a sale works
- Documents. I gather and check what the buyer's side will ask for: the title deed, a Land Registry extract, the energy performance certificate, a certificate showing that community fees are paid, and proof of property tax payments.
- Contract. I review or prepare the private sale contract and the conditions it sets.
- Mortgage. If the property is mortgaged, I coordinate the repayment and the cancellation of the charge with your lender.
- Deed. The deed is signed before a notary and the price is paid through the banking system. If you cannot travel, a power of attorney lets a representative sign for you.
- After the sale. I deal with the taxes that arise from the sale and with the formalities that follow the deed.
Taxes on a sale
- Capital gains tax. If you sell for more than you paid, the gain is taxable in Spain. The rules and rates depend on your country of residence, and I explain how they apply to you.
- Plusvalía municipal. A local tax on the increase in value of the urban land, normally payable by the seller. The method of calculation can affect the amount.
- Withholding on non-resident sellers. When the seller is not resident in Spain, the buyer must withhold part of the price (currently 3%) and pay it to the Tax Agency as an advance on the seller's tax. This reduces the amount you receive at the deed, so it is worth planning for it. Whether any adjustment or relief applies depends on your circumstances.
What I do for you
I check your documents, review the contracts, explain the taxes, coordinate with the notary and with your lender, and prepare a power of attorney if you want to sign from abroad. As a non-resident owner you may also have yearly obligations; see non-resident tax (Modelo 210). If you inherited the property, see inheritance in Spain.
Frequently asked questions
Can I sell without travelling to Spain?
In many cases, yes. A power of attorney allows a representative to sign the deed for you, and the rest of the process can be handled remotely.
Who pays the plusvalía?
By law it is the seller, although a sale contract may say otherwise. It is worth settling this in writing before you sign.
What if I still have a mortgage?
The mortgage is repaid from the sale price and the charge is cancelled. I coordinate this with your lender so that the buyer receives the property free of the charge.
If you are buying rather than selling, see buying property in Spain.
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