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Selling Property in Spain: Legal Preparation

A well-prepared sale starts before accepting a deposit. Collect the documents that explain what you own, who must sign and which issues need resolving, then ask your lawyer for a written completion and tax checklist.

Build the seller’s document pack

Gather the acquisition deed, current Registry information, identity documents, mortgage details, local tax receipts and relevant building or occupation documentation. For a community property, obtain information about fees, arrears and planned works. Disclose existing tenancy arrangements and any known disputes to your adviser.

Review the deposit agreement

Confirm the buyer’s identity, the property and contents included, deadlines, payment schedule and conditions. Have your lawyer explain the consequences of cancellation, financing failure or delay. A deposit should not be accepted on the assumption that every contract uses the same rules.

Calculate net proceeds

Request a breakdown of the sale price, mortgage settlement, professional costs, taxes and any retained amounts. A non-resident seller should obtain advice on withholding and the subsequent tax return. Keep capital gains tax and municipal plusvalía as separate items in the estimate.

Arrange completion and follow-up

Agree how the mortgage charge will be dealt with, who attends the notary, when possession is handed over and how utilities or existing rental obligations are handled. Retain transfer evidence and ask your adviser to confirm that the agreed tax and registration follow-up has been completed.

Frequently asked question

Can I sell while living abroad?

Ask your lawyer whether representation under a suitably drafted power of attorney is appropriate and what identity and banking checks must be completed first.

Official reference

General information, not individual legal or tax advice. Ask a qualified adviser to confirm the position for your property and circumstances.

Related guidance

Contact Property Lawyers to enquire about finding an independent adviser for your transaction.

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