How to sell in Marbella.

Marbella negotiation is more direct than UK or US convention, more drawn-out than Dubai. First offers above €1M typically come in 10–20% below asking; some come 30% under as anchor moves. Counter at small increments (3–7% on each round) rather than splitting the difference. Multi-round negotiation over 2–6 weeks is normal — buyers rarely accept first counters, sellers rarely accept first offers. Written offers via lawyer are the convention above €1M; verbal offers are not enforceable and often signal a buyer who isn't serious. Below €1M, verbal first offers via the agent are normal and not a red flag. Negotiation levers beyond headline price: completion timing (long completion benefits sellers with tax planning), inclusion of furniture/art (often €50–300K of value sellers undervalue), plusvalía allocation (default seller, contractually moveable), retentions for any pending compliance work, payment structure (cheque bancario at notary is standard; staged payments are sometimes negotiated on €10M+ deals). Founder-led negotiation matters above €2M because junior agents rarely have authority to make calls in real time.

Three documents, three stages. Reservation contract (contrato de reserva): buyer pays €6–15K to take the property off market for 14–30 days while their lawyer runs due diligence. Refundable if material issues emerge from title search, forfeited if buyer walks unilaterally. Private purchase contract (contrato de arras): buyer pays 10% deposit, both parties are now legally bound. Under the standard arras penitenciales (Article 1454 Civil Code), if the buyer walks they forfeit the 10%, if the seller walks they pay the buyer double (40% Spanish penalty rule). Window from arras to escritura is typically 30–60 days, longer if buyer has a mortgage. Public deed (escritura pública): signed in front of a Spanish notary. The buyer hands over a cheque bancario for the balance, you hand over the keys. Notary forwards the deed to the Property Registry; final registration in the buyer's name lands 2–6 weeks later. As seller, you bring your NIE, your original purchase deed, the cadastral certificate, the certificate of debts from the community, the IBI receipt, the energy performance certificate, and the licence of first occupation. Your lawyer assembles this pack 30 days before signing.

Capital gains on Spanish property are taxed under one of two regimes depending on your tax residency. EU residents (including those tax-resident in Spain): 19% on the first €6K of gain, 21% on €6K–50K, 23% on €50K–200K, 27% above €200K (2026 brackets). Non-EU residents: flat 24% on net gain. Net gain = sale price minus original purchase price minus deductible costs (notary, ITP, plusvalía paid on acquisition, registered improvements). Keep the original purchase deed, ITP receipt, plusvalía receipt, and any improvement invoices throughout your holding period — without them, the deductions don't survive an audit. For non-resident sellers: the buyer is legally required to withhold 3% of the gross sale price and pay it to Hacienda as an advance on your CGT (Modelo 211), within one month of completion. If your actual CGT liability is below the 3% retention, you reclaim the excess via Modelo 210H, filed within 4 months. Refund processing time: 6–24 months. Don't plan cash flow assuming a fast refund. Beckham Law residents (24% flat on Spanish-source income) and tax-resident retirees often benefit from sale timing — exit in the year your overall income is lowest to compress the bracket impact.

Plusvalía is a municipal capital gains tax — specifically on the increase in cadastral land value (not building value) between when you bought and when you sold. Marbella's town hall (Ayuntamiento) levies it under the IIVTNU regime. Default convention: seller pays. The base is the cadastral value of the land at the time of sale, multiplied by a coefficient based on holding period (longer holding = higher coefficient, with a 20-year cap), multiplied by the municipal rate (Marbella sits at 26–30% depending on bracket). Typical bills: €2K on a small apartment, €15–25K on a large villa, €50K+ on prime estates. Filed via Modelo 901, due within 30 days of escritura. Two important nuances. First, a 2021 Constitutional Court ruling (sentencia 182/2021) means you can challenge plusvalía if you sold at a loss versus your acquisition price — submit evidence with the filing. Second, plusvalía is contractually negotiable. In hot markets sellers regularly shift it to buyers; in soft markets they absorb it as standard. State your position in the arras contract clearly; don't leave it to implication.

Five tasks in the 60 days after escritura. First, file Modelo 210H within 4 months to reclaim any overpaid 3% non-resident retention — your lawyer or fiscal counsel handles this. Second, settle plusvalía via Modelo 901 within 30 days (if seller pays per contract). Third, cancel direct debits on utilities (electricity, water, gas, internet), but only after confirming the new owner has registered the change of supply — sometimes a 2–4 week lag. Fourth, notify the community of property owners (comunidad de propietarios) of the transfer and cancel your direct debit for community fees. Fifth, update your home-country tax filing to declare the Spanish gain (with Spanish CGT credit under the relevant double-tax treaty). Keep your NIE active — it's permanent, costs nothing to retain, and you'll regret cancelling it the next time you need a Spanish bank account or want to buy again. Keep a complete escritura pack archived for 10 years: original purchase deed, sale deed, plusvalía receipt, CGT filings, Modelo 210H reclaim, all improvement invoices. Spanish audit windows run 4 years from filing date; CGT disputes occasionally reopen later.