Selling property in Málaga as a foreigner involves several legal steps — from drafting a contract to transferring ownership at the notary and paying the right taxes. If you’re not based in Spain, it’s also possible to manage the sale remotely using Power of Attorney (POA).
At Borderless Lawyers, we help you sell your Málaga property securely and efficiently — whether you’re in Spain or abroad.
📄 Step 1: Prepare Legal Documentation
Before listing your property for sale, gather:
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Your NIE
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Copy of the escritura pública (title deed)
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Updated nota simple from the Land Registry
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Energy certificate (CEE)
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Proof of paid IBI tax, community fees, and utilities
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Any building or renovation permits (if applicable)
✅ We check and prepare all required paperwork before sale negotiations begin.
✍️ Step 2: Sign a Private Sale Agreement
Once you have a buyer, a contrato de arras is signed, including:
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Sale price
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Deposit (usually 10%)
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Deadline for notary signing
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Penalties for cancellation
💡 This contract should be drafted by a lawyer to protect your rights.
🏛️ Step 3: Notary Signing and Ownership Transfer
At the notary:
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The final deed (escritura de compraventa) is signed
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The balance of the sale price is paid
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Keys are handed over
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The buyer pays the taxes and registers the property
If you’re abroad, your lawyer can represent you with a POA.
💸 Step 4: Understand the Taxes on Sale
Foreign sellers in Málaga may face:
1. Plusvalía Municipal
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Tax on the increase in land value since purchase
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Paid to the town hall
2. Capital Gains Tax (CGT)
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For non-residents: flat 19% on profit
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Can be reduced with deductible costs and reinvestment rules
3. 3% Retention (Retención Fiscal)
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Spanish law requires buyers to withhold 3% of the sale price
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Paid to tax authorities as a prepayment of your CGT
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You can claim a refund if not all is owed
✅ We calculate these taxes and file refund claims for you if eligible.
💼 Our Legal Services for Foreign Sellers
At Borderless Lawyers, we:
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Review your legal documentation and prepare for sale
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Draft and negotiate your arras contract
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Represent you at the notary (if needed via POA)
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Calculate capital gains and request tax refunds
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Coordinate with the buyer’s lawyer and real estate agent
💬 Final Word
Selling property in Málaga as a foreigner doesn’t have to be complicated — but it must be legally managed. With expert support, you can avoid tax errors, delays, and disputes with the buyer.
At Borderless Lawyers, we make your sale safe, smooth, and fully compliant — wherever you are in the world.
📞 Contact us today to begin selling your Málaga property with legal confidence.