Selling Your Property

Our standard conditions are Amazing

straightforward and simple

We offer our sales services to private sellers, advertising in all the main Spanish and European portals. We are also members of the Mediterranean Living Property Group with over 50 collaboration agencies both here, in the UK and in other European and Scandinavian countries.

Our fees are 4% +IVA with a 4.000 minimum charge

We DO NOT ask for exclusivity

Nothing to pay up front

You only pay us when we sell your property

We pay the deposit to the seller

We do not “hold on to the deposit” as many local agencies do

Professional photos and videos of your property included

We shoot professional photos and a promotional video of your property including a drone flight with aerial photos and videos

We organize the legal and fiscal aspects of the sale for you explaining in depth the whole process

We Do need a few documents

 

  1. A copy of your deeds.
  2. Your ID (DNI, passport, NIE)
  3. A copy of your IBI Rates Bill (this gives us the fiscal value of the property)
  4. The Energy Efficiency Certificate, if you don´t have one we can organize it for you to acquire one
  5. A signed form authorizing us to market your property

To be able to actually sell your property we require;

  1. The original deeds
  2. Electricity and water bills
  3. 5. If your property is in an urbanization, we will need a certificate from the community showing you are up to date on payments.

If you wish to sell your property, please contact us and we will make all the arrangements.

We feel it is very important for purchaser to fully understand the whole process of selling a property in Spain and its implications, so we have prepared this guide to explain the whole process, the costs, legal implications and to explain some of the terminology used.

 

What costs are involved when selling a house in Spain?

When selling your property in Spain, many sellers are not fully aware of what they are going to have to pay in terms of costs before getting the real net figure they want in their hand, pleased be careful, there is no “magic” percentage as each case is different, so do not rely on people saying a general percentage, it is virtually always wrong!

These are the costs when selling:

Plus Valia – Every seller must pay a local council tax based on the incremental value of the land which the property occupies over the amount of years have owned. The buyer’s solicitor normally retains this and pays it on your behalf.

 

Non-Resident Retention Tax at 3% – If you are non-resident in Spain, the buyer of your property will also have to retain 3% of the Sales Price to pay directly to the Spanish tax man (hacienda) on your behalf. If you are selling at a loss you still have to pay out the 3% retention tax, but you can reclaim it back providing you have all the correct documentation and receipts to prove you have made a loss and paid your annual taxes. Residents do not have this retention made on them.

 

Residents Capital Gains Tax – Residents have to pay Capital Gains Tax Liability (18% on profit), but that will depend on your profit and your tax position.

IBI y Basura (Rates and rubbish collection) – Your local council taxes need to be up to date. You will have to provide the proof of payment at the signing. This is something your solicitor can organise for you.

If your property is on a community your community fees need to be up to date, you will have to present a CERTIFICADO DE COMUNIDAD (a certificate from the community to show the property is up to date) to the notary on signing the Escritura. This is something your solicitor can organise for you.

The notary will require your latest paid bills.

Obviously, your paperwork must be correct and up to date, if your property is on urban land in a town then it is pretty much certain that all will be fine although, especially if it is an older property, it may need bringing up to date, or not. We can advise you on what is needed and the costs, if any when we study your existing paperwork.

 

Villas and country property are more likely to be out of sync with the current legislation. PLEASE TAKE NOTE: THIS DOES NOT MAKE THE ILLIGAL. Usually, it is to do with the catastral where the boundaries and surface area of the cadastral do not coincide with the reality, the catastral records are notoriously inaccurate. Most country properties will need an AFO. It is very rare that the “problem” cannot be solved easily but obviously there are costs involved which need to be taken into consideration. Either way having a topographer measure and issue a report on the boundaries is always a good idea and a very good document to show a prospective purchaser and the cost is quite reasonable. Again we can advise you on what is needed and the costs when we study your existing paperwork.

Mortgage Cancellation Fees – If you have a mortgage your bank could charge anywhere from a 0.5% to a 1% cancellation charge on the balance of your outstanding mortgage

 

Mortgage Cancellation Notary & Registration Fees – As a seller you will have to ensure your mortgage is cancelled at the Notary and Registry. We normally do this at the same time of as the signing of the sales deeds. This may cost anywhere form 600 Euros to 1000 Euros and is an amount that is normally retained by the buyer to ensure this is done.

Agency Fees – Don´t forget to take into consideration our fees, which we would have previously agreed with you, do not forget that you have to add the 21% IVA (VAT).

 

Solicitors Fees, these can vary depending on your solicitor and again do not forget that you have to add the IVA (VAT).

A

  • Abogado – Lawyer
  • Act de notoriedad – Legal act or document
  • Acta notarial – Notary’s certificate (debts)
  • Actos jurídicos documentados – Title registry
  • Agrupación de Fincas – Group of country properties
  • Aseroria – Accountant
  • Alta catastral – Land registry inscription
  • API (Agente de la Propiedad Inmobiliaria – Official estate agent
  • Arrendamiento de obra – Building contract
  • Asiento de presentación – Provisional property inscription at the land registry

B

  • Banco – Bank
  • Cuenta de Banco – Bank account
  • Tarjeta de Banco – Bank card
  • Boletin de enganche – Supply report. It contains information on how much power and water a property is allowed.

C

  • Cargas – Land charges registered against the property
  • Cancelacion – Cancellation
  • Cédula de habitabilidad – Habitation certificate
  • Certificado registral – Certificate showing debts attached to a property
  • Certificación – Certification
  • Certificado final de obra – Building completion certificate
  • Código civil – Civil Rights
  • Comisión de urbanismo – Building/Planning commission
  • Comunidad de propietarios – Community of owners
  • Condición resolutoria – Condition to concel a contract
  • Contrato de opción – Optional contract, with the right to buy a property, mostly by paying 10% deposit
  • Contracto privado de compraventa – Private purchase contract
  • Copropietarios – Co-owner , when several persons own a property together
  • Cuerpo cierto – Non variable condition. A condition that cannot be changed
  • Cuota – Instalment, changes

D

  • Declaración de obra nueva – New build certificate
  • Demarcación de Costas – Coastal
  • Derecho de retención – Deposit that you pay to the internal revenue office if you are not resident in Spain
  • Deracho de superficie – Land management rights
  • Deracho de tanteo/retracto – Purchasing Rights enables you to reserve an object to them later buy it or not
  • Deposito – Deposit

E

  • Edificabildad Máxima – Construction limits
  • Embargo – Repossessions
  • Escritura – Deeds
  • Escritura publico de compraventa – Public sales deeds

F

  • Finca – Country property
  • Finca registrada – Registered country property

G

  • Gestoria – Specialists used to obtain official authorisations, permits & licences

H

  • Hacienda publica – Internal Revenue
  • Hipoteca – Mortgage

I

  • IBI (Impuesto sobre bienes inmuebles) – Real Estate Tax (Rates)
  • Impuesto de actos jurídicos documentados – Documented legal acts tax, that is to be paid to lawyers
  • Impuesto sobre Transmisiones Patrimoniales – Property Transfer Tax currently 8% levied at all re-sale property
  • Impuesto sobre el incremento del valor de los terrenos – Tax on increase of land value
  • Impuesto sobre el patrimonio – Wealth tax
  • Impuesto sobre sucesiones y donaciones – Succession and gift tax
  • Impuesto municipales – Local tax
  • Información urbanística cédula – Urban planning department
  • Institución de heredero – Appoint an inheritor
  • IRPF – Income tax
  • IVA – Value added tax (VAT) currently 10% levied at new property not yet registed

L

  • Ley de arrendamientos urbanos – Local rental laws / Tenancies Act
  • Ley de la propiedad horizontal – Horizontal property tax
  • Ley del suelo – Floor area regulations
  • Libre de cargas – Debt free
  • Licencia de obras – Building Licence (building permission)
  • Licencia de primera ocupación – First occupation licence

N

  • NIE (número personal de identificación de Extranjeros – Foreigners personal identification Number
  • NIF (número de identificación fiscal – Fiscal identity Number
  • Nota simple – Information document on a property and its owner
  • Nota simple informativa – Land registry certifícate – local searches
  • Notario – Official authorised to certify contracts

O

  • Obligación personal – Obligation to pay tax as a resident
  • Obra nueva – New build
  • Oferta vinculante – Bank document specifying mortgage conditions
  • Ocupación Máxima – Maximum occupancy

P

  • Parcela – Plot
  • Permiso de obra menor – Minor builing permission
  • Plan parcial – Urbanisation plan
  • Pago en efectivo – Cash payment
  • Planta – Floor or level
  • Plusvalia – Municipal tax for increase value on land a property sits on
  • Poder – Authorisation / Power of Attorney
  • Prestamo / con techo – Loan / with variable interest rates minimuma & maximums
  • Posesión – Possession
  • Prestamo hipotecario – Mortgage loan
  • Precio de venta – Sales price
  • Procurador – Barrister
  • Promotor – Promoter
  • Propiedad – Property
  • Propietario – Owner

R

  • Recepción definitiva – Construction completion
  • Registro de la propiedad – Land register
  • Representante fiscal – Foreigners official tax representative
  • Residencia – Residency permit – required for foreigners livig in Spain for more than 180 days per year

S

  • Representante fiscal – Fiscal representative
  • S.A. (Sociedad Anónima) – Association / Incorporation
  • Saneamiento – Reconstruction
  • Seguro multirriesgo hogar – Home insurance
  • Seguro de amortizacion de prestamos – Loan repayments insurance
  • Segregación de fincas – Country property positioning
  • Señal – Deposit or down payment
  • Separación a linderos – Distance between plots
  • Servidumbre de tránsito – Accessibility
  • Solar – Building Plot
  • Subasta – Auction
  • Suelo no urbanizable – Non buildable floor
  • Suelo Rústico – Non permanente floor
  • Suelo urbanizable – Building land or plot
  • Suelo urbano – Urban area

T

  • Tarjeta de residencia – Residence card
  • Tasa de cambio – Exchange rate
  • Tasa – Fee
  • Titulo de propiedad – Title deeds stating the ownership of a property – date of sale etc
  • Tipo de interes – Rate of interest
  • Toma de posesión – Taking possesion
  • Tasadores – Assessor required by the bank before granting a mortgage
  • Tasación – Independent valuaton of a property
  • Traspaco – Transfer

U

  • Urbanización privada – Private Urbanisation
  • Uso de oficinas – Office use
  • Usucapión – When you get a plot for a time period awarded by the courts
  • Usufructo – Rights of use
  • UTM – Plot number at the land register

V

  • Valor catastral – Land registry value for tax purposes
  • Valor comprobado por la administración – Amount checked ny Internal Revenue
  • Valor real – Real estate value

Z

  • Zona de servidumbre de protección – Accessibility protected area

If you do not have contact with any lawyers, here are a few local lawyers we have found to be very good.

Gecko Services
Gecko Services, headed by Mr. Lucas Mayo offer their services on the purchase and a series of on-going financial, tax and general legal services aimed at the expatriates. Mr Mayo is half English; half Spanish so he can sail through both worlds with great ease. He is also a local councillor.

Paseo del Mediterráneo 46
04638, Mojácar, Almeria
+34 950 475949
lucas@geckolegal.com

Alonso & Garrido Abogados
Alonso & Garrido Abogados, headed by Mr. Francisco Alonso, extremely professional, an ex-judge who is a renowned lawyer at a national level being one of the top legal people in property law and its application. Mr. Alonso speaks good English and one of his assistants is fluent in French.

Plaza San Francisco, 1
04800, Albox, Almeria
+34 950 121040
francisco@alonsoygarridoabogados.com

M. Mercedes Flores Mirón Abogados, C/
M. Mercedes Flores Mirón Abogados Headed by Mercedes Flores, offer their services on the purchase and a series of on-going financial, tax and general legal services aimed at the expatriates. They speak English and they are very professional.

Duque de ahumada, 3 Bajo
04800, Albox, Almería
+34 950 120553
mercedesflores@telefonica.net

Mario Redondo Abogado
Mario Redondo Abogado offers his services on the purchase and a series of on-going financial, tax and general legal services aimed at the expatriates. He speaks English, and very professional.

Calle Andalucia 25
04880, Albox, Almeria
+34 950 430222
mariosolicitor@gmail.com

Parque Comercial
Saugar Abogados headed by Alfredo Saugar Saugar, offer their services on the purchase and a series of on-going financial, tax and general legal services aimed at the expatriates. They speak good English, German and Dutch and again they are very professional.

Mojácar 100, 04638 Mojacar, Almeria
+34 950 615038
saugar_abogados@hotmail.com

Lex Consulting Abogados & Economistas
Lex Consulting Abogados & Economistas, headed by Linda de Rijck, offer their services on the purchase and a series of on-going financial, tax and general legal services aimed at the expatriates. She speaks good Dutch, French, German and English and they are very professional.

Calle Mojigato nº 1
04620, Vera, Almeria
+34 950 390995
linda@lexconsulting.es

Costs will normally be between €1,200 and €1,500, however we recommend that you confirm this in writing with the lawyer as individual cases can vary

You give power of attorney to your lawyer for him to be able to represent you in the sale of your property. This enables him to be able to obtain your NIE, open a bank account in your name for the transfer of funds to sell the property (Spanish law requires all payments to be done from the purchasers account and having one in Spain reduces the Money Laundering Law regulations making the whole process less complicated) and finally sign the deeds for if you are not here and translate them for you if you are. This power of attorney can be done whilst here in Spain or indeed at a notary in your own country in which case it must be officially translated to Spanish and have The Hague Stamp to say so.

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