7 reasons on why you need legal representation on selling in Spain

Raymundo LarraĆ­n Nesbitt, March, 7. 2018

Selling in Spain? This blog post explains why you need to appoint legal representation.

Blog post copyrighted © 2018. Plagiarism will be criminally prosecuted.


By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
7th of March 2018


Whilst some property owners may find it unnecessary, or even pointless, to hire a lawyer on selling, it is strongly recommended to avoid problems.

  • Avoid payment scams. A seller that does not hire a lawyer is vulnerable and may fall prey to payment scams. Please read our article Selling Property in Spain – 10 Reasons to Hire a Lawyer which explains the kind of scams a seller may be faced with without appointing legal representation.
  • Avoid abusive sales commissions. A seller that has no legal representation can be the subject of commission abuses by unscrupulous agents. An example of this here: commission abuses.  
  • Lawyer's fees are 100% tax-deductible! The fees you pay us to sell your property are fully deductible from the sales tax (CGT), meaning you pay less tax on hiring us.
  • Tax mitigation. We will mitigate your capital gains tax liability on selling. We can offset both the associated purchase costs as well as the refurbishment expenses on your property to reduce your tax burden as much as is legally admissible (contingent on the vendor supplying us with original VAT invoices). More information in our tax blog: Save taxes on selling your Spanish home! – 1st March 2019
  • Refund of 3% of the sales price. Non-residents, on selling in Spain, are withheld 3% of the sales proceeds by the buyer's lawyer. This money is paid into the Spanish Tax Office. We can apply for a refund on your behalf (if applicable).
  • Cancelling pre-existing mortgages. If there is an existing mortgage/charge against the seller's property this needs to be formally cancelled by a lawyer prior to selling on signing a deed witnessed by a Notary public. No buyer will acquire a property with an existing charge against it.
  • Are you selling at a loss? We can apply for a tax rebate on your ‘plusvalia’ tax. More details in our article: Have you sold property at a loss in Spain? You can now apply for a tax refund.


Most of the points above can only be done on retaining a qualified lawyer. Hiring a lawyer on selling adds security and helps you pay less taxes.

Do you still think you do not need a lawyer on selling in Spain? We offer the most competitive fees in the market.


Conveyancing – Selling 

We are specialized in conveyancing.


Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in conveyancing, inheritance, taxation and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.


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Conveyancing related articles

Buying Property in Spain from a Private Seller (Resale Property) – 21st of February 2017
Buying Property in Spain from a Developer (Off-Plan Property) – 8th March 2017
How to inspect an off-plan property overseas – Q&A with The Sunday Times. July 2017
Buying Property in Spain – 10 Reasons to Hire a Lawyer – 8th November 2016
Selling Property in Spain – 10 Reasons to Hire a Lawyer – 8th December 2016


Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.018 © Raymundo Larraín Nesbitt. All rights reserved.