Inspection, valuation and contract
We will carry out an inspection and assess the standard and location of the property. We can also tell you if your property has any legal issues, such as illegal additions, and advise you if anything needs to be repaired. A lawyer is the one who arranges the paperwork, but we are the one who visits the property and assesses whether it corresponds to what is stated in official registers. We can with our experience therefore save you from unpleasant surprises, which in the worst case can lead to the buyer withdrawing. The vast majority of cases of illegal extensions are easily resolved with an architect and a lawyer, but it is crucial that this is addressed before the property is put up for sale. The valuation is based on inspection, legal and construction assessments and the sales history in the local area.
When we will come for an inspection, it’s a great opportunity to ask questions and get to know what we can offer and how they work. Prepare questions about the sales process, the housing market, what the agent can offer and how they market.
Once you want to engage with our Real Estate Agency, an assignment agreement is drawn up. Broadly speaking, this agreement describes who the seller and who we are, which property is involved, the sales price, the real estate agency fee, the size of the deposit and the duration of the assignment.
Lawyer
We recommend using a lawyer to take care of the legal aspects of the sale. A real estate agent can assist with obtaining the necessary documents for the sale of the property, but registration, payment of tax, settlement, etc. should preferably be handled by a lawyer. We can offer a lawyer you can use, but this cost is additional.
A good lawyer will ensure that you don’t pay more than necessary and will in many cases save their own costs many times over.
If you do not wish to appear in person for the signing of documents in Spain, you can authorize your lawyer to appear on your behalf. Power of attorney can be arranged in Spain.
Photography and marketing of your property
Good property marketing starts with professional photos, videos and floor plans to present the property in the best possible way, but this cost is additional.
We recommend making the property as presentable as possible prior to the photo shoot. If necessary, we will advise you on what needs to be done before the viewing. These are often simple measures such as clearing away certain pieces of furniture, painting walls and going over tiles and facades in outdoor areas.
Once the photos, video and floor plans are ready, the next step is to market the property. We can explain a good marketing plan and knows which target group is most relevant to your property.
Viewings
Viewings are often arranged at short notice, so it’s common for the estate agent to have keys readily available in order to be able to show the property quickly.
In Spain, it is common for real estate agencies to collaborate on the sale of homes. If a real estate agency has a sales assignment for a property, another agency can ask to show the property to its client. Such collaboration makes the property available to more potential buyers and is positive for the seller. If the property is sold in such a case, the two real estate agencies share the fee.
Negotiation, deposit and reservation contract
If there is interest in your property, a closed bidding round is held between you as the seller and the potential buyer. Bids are communicated in writing or by telephone, and it is up to you to decide whether to make a counteroffer, rejection or acceptance.
When the parties agree on a price, a reservation contract is signed by the buyer and seller. The buyer then pays a deposit that locks the parties into the sale. The deposit is normally 10% of the sales price. If the buyer withdraws from the sale, the deposit will go to the seller. If the seller withdraws, the deposit will be refunded to the buyer. The buyer can then also demand that the seller must pay an amount equivalent to the deposit. The deposit is regulated in Spanish Civil Code no.1454.The parties are free to choose how long they need to take possession. The most common is to sign a contract in 3 months, as a loan process in Spain can quickly take more than 2 months, but if the buyer does not need financing and the seller is willing to move out quickly, this can happen in a few days.
Takeover and settlement
The seller and buyer, or their representatives, meet at the notary’s office to settle the sale when all parties have what they need. The new title deed is signed, and the notary informs the property register of the transfer. Any encumbrances on the property are investigated in advance by the buyer’s lawyer and, if necessary, money is withheld from the settlement to delete the encumbrances. This may include bank loans, tax, unpaid condominium fees, electricity and water bills, etc. The seller receives the remaining settlement, either by bank remittance or bank transfer, and the buyer is handed the keys.
Costs of selling a home in Spain
Legal fees when selling a home in Spain.The normal fee for a lawyer in connection with the sale of a property is €1500 + IVA.
Energy certificate
Energy certificates are required by law and cost approx. 200€ + IVA
Certificate of residence
A certificate of occupancy is not required by law, but it is common for the seller to pay for it. Residency certificate shows that the property complies with the municipality’s residency requirements and is issued by the architect for ca. 250€ + IVA.
Plusvalía
Plusvalia is a type of property tax that is calculated based on the increase in value of a property from acquisition until you sell.
How much you should pay depends on 3 conditions:
- Tax value of the land at the time of sale. If you have an apartment or terraced house, your share of the plot of the entire housing cooperative is used as a basis.
- How many years you have been the owner of the home
- the municipality where the home is locatedThere are several approved methods for calculating Plusvalía and a good lawyer will always choose the method that is most favourable to you, and you can quickly save many hundreds of euros on this.
Capital gains tax in spain for resident
For residents in Spain, the capital gains tax applies as follows in 2025:
- 19% on the first €6,000 of gains
- 21% on gains between €6,001 and €50,000
- 23% on gains between €50,001 and €200,000
- 27% on gains between €200,001 and €300,000
- 30% on gains exceeding €300,000
Flat Rate for Non-Residents
Non-residents selling assets in Spain are subject to a flat CGT rate of 19%. This uniform rate applies irrespective of the gain amount.
