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Sellers · Ibiza

Selling property in Ibiza with a lawyer on your side

Selling a villa, finca or apartment in Ibiza is not only a question of finding a buyer. Today's buyers arrive with lawyers who will check every licence and every debt, and non-resident sellers face a tax retention on the price. As your lawyer for selling property in Ibiza, we prepare the sale, negotiate the contract, deal with the taxes and make sure you receive your money on completion.

  • English, German and Spanish
  • Every town in Ibiza
  • Written quote before we start

Where sellers get caught out

Many sales in Ibiza fall through, or lose value, at the due diligence stage, when the buyer's lawyer finds a pool or an annex without a licence. A seller who knows the issues first can regularise them, explain them or price them in, instead of renegotiating under pressure.

Preparing your property for sale

DocumentWhy the buyer will ask for it
Title deed and Land Registry extractOwnership, mortgages and charges
Licences and planning historyEvery building, pool and extension must be covered
Cédula de habitabilidadLegal residential use and utility contracts
Energy performance certificateRequired to advertise and sell
IBI and community receiptsNo debts pass to the buyer
Tourist rental licenceIf the price includes rental income

We gather the documents, identify weak points and advise whether to regularise them before marketing or to disclose them in the contract.

The arras contract from the seller's side

Buyers' lawyers will propose broad conditions and long deadlines. We negotiate a contract that is fair but firm: a clear deposit, limited conditions, a completion date and what happens if the buyer does not complete. If the buyer withdraws under penitential arras, the seller keeps the deposit. See arras contracts.

Taxes when you sell in Ibiza

Sellers pay tax on the capital gain and the municipal plusvalía on the increase in land value. If you are not resident in Spain, the buyer must withhold 3% of the price and pay it to the tax office on account of your capital gains tax; you then file a return within the deadline and, if the 3% exceeds the tax due, claim the difference. We calculate the figures before you accept an offer. See costs and taxes in Ibiza.

Mortgages, heirs and co-owners

If the property has a mortgage, we coordinate its cancellation at completion with the bank. If it was inherited, the inheritance must be accepted and registered before the sale; see inheritance lawyer in Ibiza. If there are several owners, all must agree or be represented.

Completion and payment

At the notary we check the means of payment before you sign, so you only hand over the property against the price. We can sign on your behalf with a power of attorney if you are abroad. Ibiza.law is the Ibiza practice of Castell.law; for buyers, see our property lawyer service.

Before you sign or pay, ask a lawyer

Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.

Questions about selling property in Ibiza

Do I need a lawyer to sell my house in Ibiza?

It is not compulsory, but a lawyer prepares the documents, protects you in the contract and calculates your taxes, which avoids price reductions and delays.

How is the 3% retention recovered?

After the sale, the non-resident seller files a capital gains return. If the tax due is lower than the 3% withheld, the difference is refunded.

What if my villa has works without a licence?

We assess whether they can be regularised before the sale or how to disclose them and reflect them in the price and contract.

Can I sell without travelling to Ibiza?

Yes. With a power of attorney we can sign the contract and the deed for you.

Talk to a lawyer about your Ibiza matter

Call, WhatsApp or email us in English, German or Spanish. Tell us what is happening and we will explain your legal position and the next step, before you sign, pay or appear anywhere.