Sales Conveyancing
Everything You Need to Know About Sales Conveyancing in Spain
Sales Conveyancing in Spain
Selling a property in Spain involves a number of legal and tax obligations that can be complex without the right guidance. The sales conveyancing service is essential to ensure that the process is carried out in accordance with Spanish law, in a secure, efficient and hassle-free manner.
At Fuster & Associates, we provide a comprehensive legal advisory and management service for property owners who wish to sell their home in Spain. Our legal team takes care of the entire process: from document review and contract drafting to the notary signing and post-sale tax settlement.
What is Sales Conveyancing?
Sales conveyancing is the legal process of transferring property ownership from the seller to the buyer.
It includes the review of legal documents, preparation of the sales contract, and assistance with the notarial signing. This service ensures that all parties comply with Spanish regulations and protects the seller’s interests.
Who Needs Sales Conveyancing?
This service is essential for:
- Foreign property owners (whether residents or non-residents)
- Sellers who cannot be physically present in Spain during the sale
- Property owners with outstanding mortgages or documentation that needs to be updated
European and non-European clients, residents and non-residents alike, should seek legal guidance to avoid costly mistakes in the process.
Requirements and Necessary Documentation
To complete the sale, the following documents are required:
✅ Power of Attorney
✅ Title Deeds (Escritura)
✅ Energy Performance Certificate (EPC / CEE)
✅ NIE (Foreigner Identification Number)
✅ Copies of passports
✅ First Occupation License
✅ Most recent IBI (Council Tax) receipt
✅ Proof of being up to date with community fees
✅ Latest utility bills (water, electricity, gas)
✅ Proof of any advance payment made by the buyer
✅ Details of any renovations or construction work done on the property
Sales Conveyancing Process Step by Step
1. Document Review
We verify the legal ownership of the property and ensure that all required documents are in order.
2. Contract Drafting and Negotiation
A sales contract is drafted and its terms negotiated with the buyer’s solicitor.
3. Notary Appointment
On the completion date, we either accompany you or represent you through Power of Attorney. A banker’s draft is handed over and the keys are transferred to the buyer.
4. Mortgage Cancellation (if applicable)
We manage the cancellation of any existing mortgage tied to the property.
5. Final Breakdown and Funds Transfer
Before completion, you’ll receive a detailed breakdown of costs, outlining the amount you will receive after taxes and fees.
Common Mistakes and How to Avoid Them
Not having a valid Power of Attorney
Submitting incomplete or outdated documents
Failing to pay community fees or utility bills
Overlooking post-sale taxes, such as Municipal Plusvalía or Capital Gains Tax
With Fuster & Associates, these risks are minimized and the sale is handled professionally and securely.
Benefits of Professional Advice from Fuster & Associates
Peace of mind with experts in Spanish real estate law
Clear communication in your language
Full process management, even if you're not in Spain
Handling of 3% tax retention refund (when applicable)
Ensuring compliance with all non-resident tax obligations
Let Us Handle the Process for You!
At Fuster & Associates, we have a team of immigration experts with extensive experience in processing the Spanish Income Tax Return. We know how to avoid common mistakes in document submission, ensuring that each application meets all the necessary requirements to maximize the chances of approval. From document collection to filing appeals in case of denial, we handle everything so you can enjoy your new life in Spain stress-free.
If you are planning to settle in Spain in areas such as San Juan de los Terreros, Pulpí, Los Alcázares, La Zenia, Teulada, and Finestrat, our firm has strategically located offices to provide you with a personalized and close service. We have in-depth knowledge of the consular and administrative procedures specific to each region, ensuring a smooth and efficient process.
At Fuster & Associates, our team of immigration specialists will support you at every stage of the process to guarantee a successful application. From document preparation to handling appeals, we take care of everything so you can start your new life in Spain with peace of mind.
✉️ Contact us today and start living your new life in Spain with all the legal peace of mind you need.
FAQS
Frequently Asked Questions
Can I sell without being in Spain?
Yes. You only need to grant us a Power of Attorney so we can represent you throughout the process.
What taxes will I need to pay after selling?
The seller must pay the Municipal Plusvalía Tax and Capital Gains Tax. A 3% retention is withheld by the buyer and paid to the tax office. We assist you in reclaiming this amount if applicable.
What about utility bills and contracts?
The buyer’s solicitor will change the utility contracts, but you must prove all bills are paid. A utilities retention may be agreed upon to cover any outstanding debts, and will be refunded if none are found.