SELLING A PROPERTY IN SPAIN

This guide do not substitute professional advice, which we will be happy to provide on request.

Valuations of property
You will have to decide the price to ask for your house.

We can arrange for a valuation to be carried out if you would find this of assistance.

The valuation can either be a low cost valuation carried out by an Estate Agent or it can be an official valuation, for which a substantial fee will be payable. The former type of valuation is usually sufficient.

Choosing an Estate Agent
We can help you to find a convenient Estate Agent.

What price should I show in my contract?
For many years there has, in Spain, been a practice of showing in the contract a price less than the actual price agreed for the sale. This can, initially, save both the Buyer and the Seller some tax, but it can lead to a lot of problems later. Not surprisingly, the authorities have tightened up on this practice. The price that should be declared is the full value of the property - discounting any sum received in respect of furnishings etc. The tax authorities have four years in which to challenge the declared price and to raise a supplemental demand for tax - plus interest .

What about the money I receive?
You may usually receive payment in Sterling or in Euros in your country or in Spain. Since February 1992 the Spanish Exchange Control Regulations have been lifted.

You should also bear in mind that, it is the buyer's responsibility to lodge 3% of the purchase monies with the Spanish tax authorities on behalf of the Seller. This responsibility is the same whether the money is paid in Sterling or in Euros. The tax authorities retain this deposit until they have assessed the capital gains tax, that are owed to them by the Seller. Once the Seller's tax position has been assessed, any surplus monies should be returned to the Seller. The authorities may take up to a year before returning any money.

Therefore, the Seller should take into consideration that he/she might only receive 97% of the agreed sale monies when negotiating the sale price with a prospective buyer.

Can I be paid by instalments?
Arrangements can be made for payment of the price of a property in Spain by instalments. There are various methods of doing this and we would be pleased to advice as to which may be the most suitable in your circumstances.

What does the conveyancing process involve in Spain?
You will probably be familiar with the conveyancing process in England. The system in Spain is in many ways very different from the British system although some parts of the two systems are similar.

The first and most important thing to say is that you should NEVER sign ANYTHING until you have sought independent legal advice.

Once you have asked us to look after your sale for you, we will confirm the title of the property and, in most cases, prepare a preliminary or, as it is known in Spain, "private" contract to transfer it into the name of the buyer. This will be drafted so as to protect your interests. When this is signed you will, typically, receive 10% of the agreed price as a deposit.

Once this has been done, it is necessary for the official Contract/Conveyance ("the Escritura") to be prepared and then signed before a Notary Public in Spain.

The Notary is a public official who is there simply to put on the public record the fact that this document has been signed in his presence and understood by the parties concerned. He is not there to advise as to whether the document is valid or fair and he is certainly in no way there to protect either your interests or the interests of the person buying the house.

Do I need to be in Spain to sign the deed of sale?
Usually it is necessary for the person selling the house to attend in person before the Notary but, if this is inconvenient, arrangements can be made for a Power of Attorney.

What about all the bits and pieces?
You will probably wish to have the electricity, water and rubbish collection charges transferred from your name. You will need to notify the Town Hall that you no longer own the property. We can assist you with all of these things.

You will need to make your Spanish tax declarations in order to recover any unused balance of the retention paid to the Spanish tax authorities. Once again, if you wish, we can assist with this work.

What does all this cost?
Our charges for normal legal work involved in the actual sale of your property are from 0.3 to 1.0% of the price of the property. We require a payment on account of our charges.

Other payments will normally need to be made on your behalf:

1. Plusvalía - a sort of municipal capital gains tax - has to be paid. Sometimes this is to be paid by the Buyer and sometimes by the Seller. The amount of such tax depends entirely on the particular circumstances of the property in question and cannot be predicted with accuracy at this stage.
2. There are usually some other, relatively modest, payments that will have to be made on your behalf. These might include, for example, fees for a search at the Land Registry. Until we know more about your particular transaction we cannot tell you exactly what will be needed in your case.

We will, of course, advise you fully as to the amounts of tax and other liabilities that you will be taking on in the course of your sale of property once these are known.

We will also have to pass on to you the cost of any surveyors fees, bank charges and the like levied in respect of your particular transaction, including Spanish VAT.

We will also have to charge you for any work required over and above the work normally involved in a sale. This might include, for example, sorting out any defects in title; protracted negotiations over the terms of your contract; registration for and payment of any outstanding taxes which need to be cleared in advance of the sale; the preparation of a Power of Attorney to allow somebody to sign the Escritura (Title Deed) on your behalf in Spain.

Are there any other things I should do when I sell my property?
We believe that it saves a great deal of time and effort later on if you now review your English Will - especially if you have previously made a separate Spanish Will. For most people the cost of this is fairly small.