✅ Yes. Foreigners can freely sell property in Marbella, whether it’s:
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A vacation home
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A rental property
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An inherited asset
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A long-term investment
But to sell correctly, you must manage the legal, tax, and registry aspects properly.
📋 Key Steps to Selling Property in Marbella
Here’s what you need to do:
| Step | Action |
|---|---|
| 1. Hire an independent lawyer | To protect your interests and manage all paperwork |
| 2. Gather legal documents | Title deed, NIE, latest IBI receipt, certificate of energy efficiency |
| 3. Provide property details to agent or buyer | Cadastral ref., size, registry info |
| 4. Sign a deposit contract (arras) | Usually 10% from the buyer |
| 5. Sign the final sale deed | At a Marbella notary, with buyer present |
| 6. Declare taxes and repatriate funds | Capital gains, retentions, and bank transfers abroad |
🧑⚖️ Do You Need a Lawyer to Sell?
Not by law — but as a foreigner, it is strongly recommended. Your lawyer will:
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Draft or review the arras contract
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Ensure debts are cleared before signing
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Coordinate with the notary and buyer’s side
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Handle tax filings and bank repatriation
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Represent you via Power of Attorney if needed
💶 Taxes When Selling Property in Marbella
| Tax | Rate | Notes |
|---|---|---|
| Capital Gains Tax (CGT) | 19% (for EU/EEA residents) or 24% (non-EU) | On the profit from sale |
| Plusvalía Municipal | Varies by location | Tax on land value increase |
| 3% Withholding (Retención) | 3% of sale price | Retained by buyer and paid to AEAT (only for non-residents) |
💡 You can claim a refund on the 3% if you owe no CGT.
🏛️ What Happens at the Notary?
On completion day:
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Buyer pays remaining price
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Seller signs escritura de compraventa
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Notary confirms identities, payments, and compliance
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Buyer registers new title
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Seller receives certified copy and funds
If you’re abroad, we can attend the signing on your behalf with POA.
🧾 Required Documents for the Sale
| Document | Purpose |
|---|---|
| Title deed (escritura) | Proves ownership |
| NIE number | Spanish tax ID |
| IBI & garbage tax receipts | Confirm no debts |
| Energy certificate | Required by law |
| Certificate from community of owners | Shows you’re up to date on fees |
We help obtain all of these for you.
💼 How Borderless Lawyers Supports Foreign Sellers
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Complete legal and tax management
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Full remote sale option via Power of Attorney
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Bilingual coordination with buyer’s team and agents
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Capital gains and 3% refund handling
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Repatriation of funds to your country
📞 Selling in Marbella? Let Us Handle It.
Don’t risk tax penalties, legal disputes, or buyer defaults. Our Marbella-based lawyers manage the full sale process for foreigners — safely and efficiently.