Seller Legal Process

Selling Journey — Step by step

What are my legal obligations as a seller in Marbella? Securing an offer is only 50% of the battle; the rest is navigating the bureaucratic friction to completion.

Spanish real estate law shifts entirely to risk management once an offer is accepted. to ensure your paperwork is 'offensive-ready.'

The Arras Contract (10% Deposit)

In Marbella, the transaction is legally 'locked' via the Contrato de Arras. The buyer pays a 10% non-refundable deposit. If the buyer pulls out, they lose the 10%; if you pull out, by law you must pay the buyer back double their deposit. This is a massive commitment that requires professional legal drafting.

Mandatory Documentation

To sell, you must provide an EPC (Energy Performance Certificate), recently paid IBI receipts, community fee certificates, and a valid LPO. If your lawyer identifies any 'urbanistic' gaps—like an un-registered pool extension—these must be resolved before the final completion. Proactive legal work prevents buyers from using minor flaws to delay the closing.

and clear the path to a smooth handover.

Advisor Insight

"Do not negotiate against yourself during the legal phase. Once terms are agreed, rely heavily on your lawyer to act as a stoic buffer. The safest, most profitable sale is always the one where paperwork is pristine and nothing feels emotionally dramatic."

What usually happens

A binding offer is secured, and the 10% non-refundable Arras deposit is processed.
Your lawyer resolves any outstanding Town Hall infractions or minor community debts.
Both parties explicitly align on the timeline, inventory inclusions, and final completion mechanics.

Timing

Spans the critical 30 to 60 days between offer acceptance and final notary signing.

People

You, Your Lawyer, Lead Agent, Buyer's Legal Team

Cost

Legal fees, plus the necessary capital gains tax and Plusvalia tax provisions.

Prepare

Executed Arras Contract
Energy Performance Certificate
Cleared Community Declarations

Risks

Assuming the sale is 'done' simply because an offer was verbally accepted.
Failing to immediately resolve minor documentation gaps (like an expired EPC) which the buyer's lawyer uses to delay closing.
Allowing emotional friction to derail the transaction over trivial inventory disputes (like a €500 washing machine in a €2M deal).

Legal Workflow Checklist

Secure 10% non-refundable Arras deposit
Resolve outstanding Town Hall infractions
Finalize inventory and completion timeline
Update EPC and community declarations

Match with a legal expert

Expert Q&A

No. A verbal 'yes' is legally meaningless in Spain. The deal is 'locked' only when the 'Contrato de Arras' is signed and the 10% deposit clears. Until then, the buyer can walk away without penalty.

Bureaucratic friction or missing paperwork—like an outdated registry that doesn't show the pool, or a missing LPO. Your lawyer must proactively neutralize these gaps months in advance.

If you do, prepare a detailed 'Inventory' with photos. Otherwise, disputes over which cushions or outdoor chairs were included can derail the final completion at the Notary.

If the buyer pulls out after signing, they lose their 10%. If YOU pull out, by law you must pay the buyer back double the deposit. it's a serious commitment for both sides.

Often half is paid at the Arras stage (from the deposit) and the remainder at the Notary. Check your mandate carefully to understand your cash flow during the sale.