Negotiation & Closing
Wij beheren elk detail van strategische biedingen tot een soepele notariële afsluiting — uw belangen beschermd en juridisch conform.
Bekijk Ons Proces
Step-by-step: Offer, Due Diligence & Closing
We combineren marktdata, juridische controles en vakkundige onderhandeling voor de beste voorwaarden en een schone eigendomsoverdracht.
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1. Obtain an NIE Number
Foreign buyers must obtain a Número de Identificación de Extranjero (NIE) — the Spanish tax ID required for property purchase, registration and utilities.
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2. Open a Spanish Bank Account
Buyers should open a local bank account to pay taxes, fees and complete the transaction in euros.
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3. Legal Checks Before Purchase
Your lawyer conducts due diligence to confirm:
- The property is legally registered in the seller’s name.
- There are no liens, mortgages or unpaid taxes.
- Building licences, urban planning permissions and first-occupation certificates are in order.
- Land details match the Catastro land registry records.
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4. Preliminary Contract and Deposit
A reservation contract (Contrato de Reserva) followed by a private purchase contract (Contrato de Compraventa) are signed. Typically a 10% deposit is paid to lock in price and terms before the notary signing.
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5. Notary and Title Deed
Final signing of the Escritura Pública de Compraventa (Title Deed) before a Spanish notary. At signing:
- The buyer pays the remaining balance.
- The seller hands over the property and keys.
- The deed is recorded in the public registry granting legal ownership.
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6. Registration and Taxes
Your lawyer registers the property with the Land Registry (Registro de la Propiedad) and the Tax Office (Agencia Tributaria). Typical taxes & fees include:
- Property Transfer Tax (ITP): ~7% for resales
- VAT (IVA): 10% for new builds
- Notary and registry fees: ~1–2%
- Legal fees: ~1% (approx.)
Requirements for Sellers
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Proof of Legal Ownership
The seller must provide the original title deed (Escritura de Compraventa) and a nota simple from the Land Registry showing ownership and any charges.
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Up-to-Date Payments
Proof of payment for IBI (annual property tax), community fees and no arrears with municipal authorities or utility providers is required.
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Energy Efficiency Certificate
A valid Certificado de Eficiencia Energética is required by law before marketing the property.
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Capital Gains & Retention
For non-resident sellers: Capital Gains Tax at 19% applies, and buyers must withhold 3% from the sale price as a non-resident retention paid to the Tax Authorities.
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Plusvalía Tax
Sellers pay the Plusvalía Municipal (local tax) based on the land value increase since acquisition.
Key Legal Notes
- Both buyer and seller (or their lawyers with Power of Attorney) must appear before a licensed Spanish notary at closing.
- Properties without an occupancy licence cannot legally be sold until compliance is approved by Marbella Town Hall.
- All contracts must clearly state price, payment method and legal obligations — under‑declaring prices is a criminal offence.
In summary, buying or selling property in Marbella requires proof of legal title, financial transparency, urban compliance checks, tax registration and notary validation to ensure all parties comply with Spanish and Andalusian real estate law.