Marbella Property Sellers Guide

Engel & Völkers Marbella, we’re thrilled to share our expertise and insights to help you make the most of your property-selling journey. As the leading real estate agency in Marbella, we understand the unique charm and appeal of this luxurious region.

• The starting point would be to decide on a reliable and knowledgeable real estate agent who can assist you in guiding you through the sales procedure. At Engel & Völkers Marbella, we have more than 15 years of local experience. Our license region of Marbella and Benahavís counts 6 real estate shops with over 50 sales consultants, with an extensive database of over 20,000 search customers.
• When searching for a real estate agent, it’s important to find someone who has experience selling properties similar to yours, especially in the Marbella area. Working with Engel & Völkers will make the process faster and less difficult, as our agents have the precisely knowledge of each micro area within the Marbella region.
• When choosing a real estate agency, it’s important to pick one with a good reputation and physical location. They should have experienced salespeople, effective advertising tactics, and proven success in transactions. It is also necessary for the agency to provide information and updates on property showings. Engel & Völkers sells your property successfully, at the best price in the shortest amount of time. Our company is proud to have proven a purchase record of one property sold per day.
• At Engel & Völkers Marbella, our tailored strategies and marketing tools are designed to maximize your success in the mid-upper market, with online and offline channels worldwide.
• Why list exclusively?
  • Our company provides local expertise, service, marketing, and contract as part of an exclusive list. Also, there are several reasons why Engel & Völkers recommends to list a home exclusively, including:
    • Privacy. There is an added level of privacy during the home-selling process. It is acknowledged in the luxury market that the vast majority of sellers prefer to list exclusively as it prevents disclosing their home’s address, the listed amount, and the final selling price to the whole online community and most realtors. For Engel at Völkers, retaining this level of privacy is a significant advantage.
    • Maximum exposure to the right buyers. When it comes to selling a property, having an Exclusive Listing Agreement with us can provide a sense of control and assurance. This agreement allows us to target the top prospects who are most likely to purchase your specific property in a strategic and organized manner.
    • High-quality offers and qualified buyers. When you sign an Exclusive Listing with Engel & Völkers, we dedicate more effort to selecting the top prospects. This comprehensive approach increases the chances of receiving an excellent initial offer, which aligns with your desired outcome perfectly. Wouldn’t you agree?
    • Simplified negotiation. Certainly, buyers know and respect the commitment and confidence shown by the owner to us. In this way, supported by an Exclusive Listing Agreement, buyers have peace of mind within the selling process, making the negotiation simple or less haggling.
    • The relationship developed. When it comes to closing a sale or lease, honesty, trust, and confidence are essential. At our company, we insist on an Exclusive Listing Agreement with our clients to lay the groundwork for this kind of relationship. This agreement is necessary for effective, accountable, and professional results every time we sell or lease a property.

It is crucial to ascertain the current market value of your property before listing it for sale. To do this, Engel & Völkers will conduct a Comparative Market Analysis and can assist you as an appraiser to identify a feasible selling price for your property depending on current market situations, the state of your property, and analogous property sales in your locality.

• At Engel & Völkers, we present your property in the best possible light through the below actions and tools:
  • Photography: High-quality photography which complies with EV guidelines.
  • Floor plans: Professional floor plan editing and design.
  • Property description: Detailed description of the property including amenities, specific characteristics, and location.
  • Exposé: Production of a compelling and customized Exposé for your property.
• At Engel & Völkers, to ensure the successful sale of your property, and target the right buyer, our Marketing strategy is based on the below practices:
  • Silent Marketing: Approaching selected search customers on defined search criteria.
  • In-shop presence: In-shop display, in-shop event and search customer consultation.
  • Digital marketing: E&V website, property search app, E&V newsletter, online marketplaces and content marketing.
  • Local marketing: Sales sign and open house events.
  • Direct marketing: Neighbourhood mailings, video cards and virtual reality mailing.
  • Print advertisements: Daily newspapers and magazines, GG magazine, private residences, and coffee-table books.
  • E&V network: Property fairs, E&V Shop TV, E&V In-house and private office.

• Documentation:
  • Marbella property sellers must ensure that their property is free of charges and liens, as well as up-to-date on taxes and fees. Upon deciding to purchase your property, the prospective buyer will engage a lawyer to complete a thorough due diligence process. Buyers of large properties, such as villas, will most likely request a technical engineer’s home buyers report.
  • Professional agents are legally required to have copies of several documents. It is necessary to provide a copy of:
    • Escritura.
    • Not a simple (land registry extract).
    • First habitation license.
    • Copies of your local taxes (IBI).
    • Rubbish to the town hall.
    • Details of your community administrators and your legal representatives.
    • Copies of your NIE.
    • Energy certificate.
• Property showings:
  • In Marbella’s property market, there’s tough competition as prominent builders merge the value of houses with flawless interiors, and people looking to buy opt for properties that are already prepared for living, contain furnishings. Therefore, the available houses are in excellent condition without flaws and be purchased right away.
  • For an effective property viewing process, it is important that the agent has convenient access to the location and that the property is well-prepared and presented. It is also advisable for owners to not be present during viewings. The agents are better acquainted with the potential buyers and their specific requirements therefore they are in a better position to highlight unique features of your home.
  • The owners’ app. At Engel & Völkers, we have available an application that allows owners to know at any time the status of the visits that have been made to their property from anywhere in the world – as long as it is exclusively listed.

• Collaboration with agents:
  • Engel & Völkers has six offices in Marbella and aims to provide fair property valuations, effective marketing across multiple platforms, and pristine presentation for potential buyers. We collaborate with local agencies to promote our client’s properties by offering generous fee-sharing terms and  Engel & Völkers has six offices in Marbella and aims to provide fair property valuations, effective marketing across multiple platforms, and pristine presentation for potential buyers. We collaborate with local agencies to promote our client’s properties by offering generous fee-sharing terms and streamlining the display process while assisting with necessary investigations or bids.

• Hiring a Lawyer:
  • For those looking to purchase property in Spain, Engel & Völkers strongly recommends working with a local lawyer because in Spain the laws may vary depending on the locality. It is crucial to have a legal advisor who speaks the same language as the seller for a better understanding since it can be overwhelming to find one remotely after you have already started the purchasing negotiation process.
  • It’s not mandatory for you to be present in Spain as long as you grant power of attorney to your lawyer.
  • Engel & Völkers offers a list of highly qualified lawyers to advise you on the necessary paperwork, taxes to be paid, and any other related issues.
  • Lawyers’ Fees: 1% + VAT.
• Contract:
  • An experienced lawyer will know how to manage this situation and will require a thorough, written offer detailing all the specifications and requirements.
  • The offer should include information such as:
    • An experienced agent will act as a buffer in the negotiations and work to get the best deal possible for their client, ensuring the best outcome.
    • KYC check for customer identification, and compliance with the Personal Data Protection Laws in Spain (GDPR). It is the mandatory process of identifying and verifying the client’s identity when opening an account and periodically over time. This consultation includes all the company accounts and finances, as well as personal income.
• Offer accepted:
  • After the seller agrees to the offer, it is necessary to involve the legal departments to proceed with the preparation of private contracts and payment of deposits.
  • The naming and detailing of representatives accompanied by their contact information will be done by us to introduce each participant involved.The lawyers will also be informed about the representatives and will have to contact and create arrangements for property sales.
  • Types of contract:
    • Reservation Contract: after COVID-19, it is customary for the seller or agent to ask for a reservation fee, between 6.000€ – 20.000€ approximately, in exchange for agreeing to take the property out of the market. Additionally, it is commonplace for buyers to agree to this fee to secure their purchase of the property.
    • Private Contract with 10% payment, commonly known as Contrato de Arras:
      • a) Penitential deposit Contract. The agreement is mutually binding and enforceable. Failing to follow through with the transaction would result in the loss of 10% paid by the buyer, while violation of the contract by the seller would require them to pay twice the 10%.
      • b) Option to purchase. Within this contract, the seller offers the potential for the buyer to purchase the item for a specific price, referred to as the option price. Typically, the option price constitutes 10% of the actual purchase price, with a designated period for the purchase option to be exercised.
      • c) Private purchase contract. The contract does not permit the seller to withdraw by paying a fine. The buyer will lose the 10% deposit if they do not proceed with the property purchase, rendering the agreement void.

Typically, the seller reviews the contract and after signing it and paying a deposit, the process runs smoothly towards the notary and eventual completion. Upon completion, the sellers can begin their moving process as previously agreed upon.

• 1. Real estate agency fees (5% approximately).
• 2. Legal fees (1% + VAT).
• 3. Plusvalía (Municipal Added Value Tax): The tax known as Plusvalía municipal is mandatory in the region under the ownership of the local municipality. It calculates the augmenting market price of a property including the time phase right from when it was first obtained to the moment it experienced in-market resale.
• 4. Cancellation Fees (the terms of cancellation should be spelled out in the contract).
• 5. Local taxes and community fees.
• 6. Capital Gains Tax (CGT): When selling property in Spain, it is important to note that Capital Gains taxes will apply to all sales. The rate and regulations of these taxes will vary depending on whether the seller is a resident or non-resident, or if the seller is a company