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info@imontlegal.com
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Mon - Fri 09:00-14:00
Contact Us

Legal process for selling your property in Spain: complete guide for international sellers in Mar de Pulpí

Legal process for selling your property in Spain: complete guide for international sellers in Mar de Pulpí

Selling a property in Spain can be a highly rewarding decision, especially in sought-after areas such as San Juan de los Terreros and Mar de Pulpí, where international demand continues to grow year after year.

However, the legal process is often more complex than many sellers expect. From preparing documentation to managing taxes and ensuring a smooth completion, each step requires careful planning and professional guidance.

At Imont Legal & Taxes, we support international property owners from our new office in Mar de Pulpí, ensuring a secure, efficient and stress-free sale.

Starting the process: sale agreement and reservation

The process usually begins by signing a sale agreement with the estate agent. This document sets out key terms such as the asking price, agreed commission and whether the agency has exclusivity.

Once a buyer is found, a reservation agreement is signed by both parties. This removes the property from the market while legal checks begin. At this stage, the buyer typically pays a deposit of between €3,000 and €6,000, either to the agent or to their lawyer’s client account.

Preparing the documentation: a key step for a successful sale

One of the most important aspects of selling your property is having all documentation ready for the buyer’s legal team. Any delay or missing document can slow down or even jeopardise the transaction.

Typically, the buyer’s lawyer will request:

  • a copy of the title deeds
  • a Land Registry extract (Nota Simple)
  • habitation licence
  • utility bills (water, electricity, gas)
  • Energy Performance Certificate
  • council tax (IBI) receipt
  • licences for any building works or extensions

Providing complete and accurate documentation from the beginning helps build trust and speeds up the process significantly.

The private purchase contract: defining the transaction

Once the legal checks are underway, the buyer’s lawyer will prepare the private purchase contract. This document includes:

  • identification of buyer and seller
  • full property description
  • agreed price and payment terms
  • completion deadline

Although contracts are often bilingual, the Spanish version is always the legally binding one. A second payment, usually around 10% of the purchase price, is typically made at this stage.

Power of Attorney: flexibility and security

Granting a Power of Attorney is highly recommended when selling property in Spain, particularly for international clients.

It allows your lawyer to act on your behalf throughout the entire process, including completion at the notary. It also protects you in case of delays or unforeseen legal issues and eliminates the need to travel to Spain.

Understanding the costs and taxes when selling

When selling a property in Spain, several costs and tax retentions apply at completion. These are usually handled by the buyer’s lawyer to ensure the property is transferred free of charges.

Key elements include:

  • 3% retention for Non-Resident Capital Gains Tax: legally withheld from the sale price and paid to the Spanish Tax Authorities. If you sell at a loss, your lawyer can reclaim this amount.
  • Capital Gains Tax (CGT): calculated based on the profit obtained after deducting purchase and sale expenses.
  • Plusvalía tax: paid to the Town Hall, based on the increase in land value.
  • Mortgage cancellation costs: if applicable, typically around €800 for notary and registry fees.
  • Utility retentions: to cover any outstanding consumption.
  • Council tax (IBI): usually prorated between buyer and seller.
  • Community certificate: confirming there are no outstanding community fees.

If any debts are identified, the corresponding amounts will be retained to guarantee a clean transfer of ownership.

Completion day: signing at the notary

Completion takes place at the notary’s office, where the buyer, seller (or their legal representatives), and sometimes a bank representative meet to sign the title deeds (Escritura).

The deed includes:

  • identification of both parties
  • full description of the property
  • final sale price and payments

Since the deed is always in Spanish, your lawyer will ensure you fully understand the document before signing.

At this stage:

  • the buyer pays the remaining balance
  • the seller hands over the keys
  • ownership is officially transferred

After completion: keys, utilities and funds

After signing, there are still a few practical matters to finalise.

All keys, including garage remotes and mailbox keys, must be handed over. Utilities and local taxes will be transferred into the buyer’s name by their legal representative.

The sale funds can be transferred to your Spanish or international bank account. If needed, your lawyer can also assist in closing your Spanish bank account.

Important considerations when selling your property

There are several important points sellers should keep in mind:

  • bank drafts may take 4–5 working days to clear
  • retained amounts may take 5–6 months to be released
  • any building works must be properly registered
  • insurance policies should be cancelled after completion
  • you cannot use the property once the deed is signed

Planning ahead and working with a legal expert will help avoid unexpected issues.

Your trusted legal partner in Mar de Pulpí

With over 20 years of experience supporting international clients, Imont Legal & Taxes has established itself as a leading firm in international real estate law.

From our new office in Mar de Pulpí, we offer:

  • multilingual legal assistance
  • in-depth knowledge of the Spanish property market
  • full legal and tax support from start to finish
  • a personalised and transparent service

Whether you are selling your property in Almería, Murcia, Madrid or the Costa Blanca, our team ensures a smooth and secure transaction.

About Imont Legal & Taxes

Selling a property abroad requires trust and expertise. At Imont Legal & Taxes, we combine legal expertise with a personalised approach.

Imont Legal & Taxes has over 20 years’ experience in helping international clients realise their dream of owning a property in Spain.

Although the firm was officially established in 2004, its roots date back to 1999, when the founder, Isabel Montesinos, was living in the United States with her family. During that time, she experienced first-hand how complex and stressful it can be to buy a property abroad, particularly when dealing with a foreign legal system and a foreign language.

Upon her return to Spain, she founded Imont Legal & Taxes with the mission of guiding international buyers through every step of the purchase and sale process and offering them confidence, clarity and complete legal certainty.

Today, Imont Legal & Taxes is a renowned firm of solicitors and tax experts specialising in international property law, with offices in Murcia, the Northern Costa Blanca, the Southern Costa Blanca, Almería and Madrid. Our team consists of multilingual professionals who can assist clients in their own language and understand their specific needs.

We are proud that a significant proportion of our client base comes from referrals and recommendations – a testament to the trust, professionalism and long-standing relationships we have built up over the years.

Selling property abroad requires trust, experience and local expertise. At Imont Legal & Taxes, we combine in-depth legal knowledge with a personalised approach.

From our new office in Mar de Pulpí, we guide international clients in their own language and ensure that every step of the process is handled correctly and securely.

Conclusion

Selling your property in Spain is a structured legal process that requires careful preparation and expert guidance. By working with a specialised law firm, you can avoid delays, minimise risks and ensure that your sale is completed efficiently.

If you are considering selling your property in Mar de Pulpí or San Juan de los Terreros, professional legal support is the key to a successful transaction.