Where clients get caught out
Undeclared extensions, a missing habitation certificate or an old mortgage still registered often appear in the buyer's due diligence and delay or break the sale. Fixing them before listing avoids losing the buyer and the price.
Documents to prepare before selling
- Title deed and recent land registry extract (nota simple).
- Last IBI receipt and cadastral reference.
- Certificate of no debts from the community of owners.
- Energy performance certificate and, where required, the habitation certificate.
- Licences for extensions or pools, and the tourist rental licence if the home is let.
Agent mandates and offers
We review the mandate before you sign it: exclusive or open, commission, duration and what happens if you sell directly. When an offer arrives, we check the buyer's proposal and the deposit terms, and draft or negotiate the arras contract on your side.
Taxes when you sell
| Tax | Who pays | Notes |
|---|---|---|
| Capital gains tax | Seller | 19% for non-residents; savings scale for residents |
| 3% retention | Buyer, on the non-resident seller's account | Advance on the capital gains tax |
| Plusvalía municipal | Seller | Town hall tax on the land value increase |
See selling as a non-resident and our tax law service.
Selling an inherited or jointly owned property
If you inherited the property, the inheritance must be accepted and registered first. If several owners sell, all must sign or grant powers. We coordinate both. See inheritance lawyer in Mallorca.
Example: selling property in Mallorca
Based on situations we commonly see; not a specific client. A British seller of a townhouse in Sóller had a buyer ready, but the registry still showed a mortgage repaid years ago. We obtained the bank's cancellation certificate and registered the cancellation before completion, and later recovered most of the 3% retention.
Our collaborators for selling property in Mallorca
For every service we work with trusted collaborators when a matter needs them: notaries, architects and surveyors, tax advisers at Castell.tax, sworn translators, banks and mortgage brokers, property managers and specialist lawyers in other parts of Spain. You keep one lawyer as your single point of contact, and we coordinate everyone else.
Castell.law is the English and German-speaking practice of Castell Abogados, a law firm in Palma de Mallorca. This page is general information, not advice on a specific case: laws and procedures change, so check your situation with us before acting.
Not sure where you stand? Ask before you sign
Tell us about your matter or send us the documents you have. A lawyer will explain the risks, the options and the cost before you commit to anything.
Questions about selling property in Mallorca
Do I need a lawyer to sell my property in Mallorca?
It is not compulsory, but it avoids delays, protects the deposit terms and saves tax.
What is the 3% retention?
An advance on the seller's capital gains tax withheld by the buyer when the seller is non-resident.
Who pays the plusvalía?
Normally the seller.
Can I sell without coming to Mallorca?
Yes, with a power of attorney.