Selling a Property in Spain as an American Citizen

Selling a property in Spain while living in the United States, or after inheriting it, involves Spanish taxes and paperwork that the buyer’s lawyer will check line by line. Tomas Ballestero Lawyers acts for the seller alone, from our office in Jávea and our associated office in Dénia, in person or entirely by power of attorney. We are Spanish lawyers and we cover the Spanish side.

We are listed on the U.S. Embassy Madrid’s list of attorneys for the Valencia and Murcia region.

Free guide: Spanish Property for U.S. Citizens — buying, selling, inheriting and gifting a property in Spain.

Before you sellThe documents you will need

• The title deedYour escritura and an up-to-date Nota Simple from the Land Registry, which shows the buyer that the property is yours and what charges it carries.
• Your NIEThe NIE you used when you bought or inherited. If you have lost the number or need a new certificate, it has to be applied for in person, at a Spanish consulate in the United States or in Spain.
• Energy certificateThe energy performance certificate, required to advertise and to sell.
• Receipts and certificatesThe last IBI receipt and the community of owners certificate confirming there are no debts.
• The licencesWhere it applies, the licence or certificate for the building and for any extension or pool.
• Your mortgageIf there is one, the outstanding balance, so it can be cancelled at completion.

Step by stepHow the sale works

• The contractWe review or draft the contrato de arras with the buyer and receive the deposit on your behalf. With arras penitenciales, a buyer who withdraws loses the deposit, and a seller who withdraws returns it doubled.
• CompletionThe deed of sale is signed before a Spanish notary and the price is paid there, by you or by us under a power of attorney.
• Your mortgageIf there is an outstanding mortgage, it is paid off from the price at completion and cancelled at the Land Registry.
• The 3% retentionAs a non-resident seller, 3% of the price is withheld by the buyer and paid to the Spanish tax office on account of your tax.
• Your Spanish taxesThe municipal plusvalía and your Spanish tax return on the gain. If the 3% retention exceeds the tax due, the difference is reclaimed in that return.
• After the saleThe IBI, the community fees and the utilities are taken out of your name.

From the United StatesYou do not have to come to Spain

We can sign the deed for you with a power of attorney, signed at the Spanish consulate that covers your state, or before a notary public where you live and then apostilled by the Secretary of State of that state. We draft the wording and send it to you in Spanish with an English version, ready to sign. The signed original has to reach us in Spain: a scan or a copy is not enough for the notary.

Inherited propertySelling a property you have inherited

Before an inherited property can be sold, the Spanish inheritance has to be completed: the deed of acceptance before the notary, the Spanish inheritance tax and the registration of the property in the heirs’ names. We can deal with both, one after the other, under the same power of attorney. See Spanish inheritance for American citizens.

Frequently asked questions

Can I sell with a mortgage still outstanding?

Yes. The mortgage is paid off from the price at the notary and then cancelled at the Land Registry.

Is the 3% retention an extra tax?

No. It is a payment on account of your Spanish tax on the gain, settled in your Spanish tax return for the sale.

Do the co-owners all have to sign?

Yes. Every owner on the deed has to sign the sale, in person or by power of attorney.

Do you advise on US tax?

No. We are Spanish lawyers and we cover the Spanish side only. For US tax on the sale, please speak to your US adviser.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also property lawyers for American clients and powers of attorney from the United States.

Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French and Spanish.

The lawyers who will handle your matter

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Inherited the property? See Spanish inheritance for American citizens.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.