Sellers Guide

Selling Property in Marbella

Maximising the selling potential of your luxury property in Marbella, Benahavís, or Estepona starts with choosing the right real estate agent to sell your home who can advise you on market price and the best way to sell effectively market and sell it.

As leading listing agents specialised in selling luxury property in Marbella for over 20 years, MPDunne has an impressive track record of some of the most high-end properties in the Marbella and Benahavís areas, including elite locations such as La Zagaleta, Puente Romano, Sierra Blanca and Puerto Banus. We aim to achieve a win/win sale for both the seller and the buyer.

With decades of experience and a deep understanding of the high-end property market, we offer the ideal expertise to help you achieve a successful sale. Properties listed with us are carefully marketed to showcase their very best to the right potential buyers and to achieve a successful sale as efficiently as possible. Our marketing approach combines local knowledge with innovative video techniques, an ever-growing social media audience, and targeted advertising, accompanied by inclusion in some of the world’s best property portals and our diverse Hamptons International network of more than 1,200 affiliate offices to ensure that your property reaches the right global pool of discerning buyers.

If you are considering selling your property in Marbella or Benahavís, we would love to hear from you to discuss which price and marketing methods would best sell your home.

To help get you started, our comprehensive seller’s guide below provides all the essential information you need to know before putting your property on the market—from pricing and choosing the best agent to understanding taxes and the sales process, as well as provides several vital steps that must be taken to ensure a successful sale. We’re here to guide you every step of the way.

Decide to Sell Your Property

If you are considering selling your property, your first question will probably be how much it is worth in the current real estate market and what kind of property you can buy if you do sell. You may have an idea of the current value based on similar properties for sale or what other properties in the area have been sold for in the past. However, listing prices are usually substantially different from real sale prices, which are not publicly available in Spain and, therefore, not simple to determine.

So, the best way to get a real understanding of the current market value of your property is to consult with a professional real estate agency with a history of recent sales in the area. This is particularly true in the extremely dynamic markets in Marbella, Benahavís and Estepona areas. We also recommend obtaining an independent valuation from a certified firm, such as Tinsa or Gevasa, which are recognised by most Spanish banks. However, be aware that these valuations are always conservative, so they are not a reliable market price but rather a guide to the minimum sale value.

Why you need a Real Estate agent

Once you decide to sell your property or are in the process of deciding whether to sell, the best thing to do first is consult a professional, experienced, and reputable real estate agent who can sell it quickly at the best price and help you through the selling process.

By engaging with an expert, you will get a proper understanding of the current market value of your property, what you can buy if you are looking to upgrade or replace your property, reduce stress by being guided throughout the process, and leverage their experience, networks, and professional marketing to maximise your chances of securing the best price for your property in your desired timeframe.

Today´s real estate market is much more sophisticated than in the past, and professional digital marketing is essential to achieving the most successful sales of luxury properties. In particular, all luxury properties for sale require professional photography, a virtual tour, engaging videos, drone footage, a dedicated website, and ongoing social media coverage.

Unfortunately, the Spanish real estate industry is unregulated, so practising real estate does not require a license. This means that an ever-growing number of pseudo or unprofessional agents who work as freelancers, often without infrastructure or expertise, and can sometimes misinform clients or, unfortunately, deliberately mislead them. So choosing a real estate agent with an established history or who comes recommended by a trustworthy source is an excellent place to start.

Choose a Real Estate Agent in Marbella

Your ideal agent should be an established company with a functioning office, sales team, professional marketing and a track record, and they should be able to provide feedback and reports on the viewings. Long-established real estate agents in the Marbella and Benahavís areas, like MPDunne, are the most reliable, as their experience and professionalism are evident in their local reputation, networks, and infrastructure. Nowadays, you can see how they work on their social media and website, the properties they have for sale, the quality and marketing of their listings, and their history of sales.

Apart from their established history, a professional agent should be able to confidently discuss the pros and cons of your property, give a proper valuation of a realistic price and discuss the marketing tools and processes they will provide to ensure maximum reach and exposure to the right markets. Places like Marbella, Benahavís and Estepona have a very high percentage of international buyers, so it is essential to engage a real estate agent who has access to those foreign markets to promptly find you the right buyer

When considering the best real estate agent to choose in the Marbella area, we recommend that you look for an agency that:

• Has an established history, is well-known and has a good reputation in the area
• Specialises in similar properties and has a strong track record of sales in the area
• Utilises international networks and channels
• Displays quality marketing, videos, photos and property listings
• Has an established sales team, professional marketing and support staff
• Offers a high level of guidance throughout the sales process
• Reaches a broad and growing international social media audience

Sole Agency Listing VS Multiple Listing

When selling your luxury property in Spain, you have two main choices: entrust the sale to one dedicated agency through a “sole agency” listing contract (often called an exclusive listing) or distribute the responsibility among multiple agents. While both options are attractive, choosing a sole agency agreement offers significant advantages, especially when working with MPDunne & Hamptons International. We discuss the pros and cons of each option below.

Exclusive Sole Listing Agency

Usually a short contract with an option to extend, a sole agency agreement incentivises your real estate agent to work harder for you. They are more likely to invest significant time and resources into marketing your property because they have a guaranteed commission within the sales mandate – rather than invest all their resources to have it sold by another agent. This motivation and focus often leads to a faster, more efficient sale.

Additionally, having a dedicated agent ensures a streamlined process, with all potential buyers filtered through one point of contact. This helps avoid confusion and provides clear communication, resulting in better negotiation power.

MPDunne is a top listing agency in Marbella and Benahavís, following RICS and UK standards as an affiliate agent for Hamptons International. Over our 20 years of experience, we’ve sold many exclusive listings in prestigious areas like La Zagaleta, Cascada de Camoján, Marbella Golden Mile, Puerto Banus, Puente Romano, Nueva Andalucía, Sierra Blanca, El Paraíso and La Alquería, among others.

By selecting MPDunne as your sole agent, you’re partnering with a trusted and experienced team that delivers a personalised and highly strategic marketing plan designed specifically for your property. Our in-house creative and marketing team ensures that your home is presented to its fullest potential through high-quality media, tailored campaigns, and a full digital strategy that guarantees exposure across key international platforms. We break down these benefits below.

Commitment to Professionally Market your Property

At MPDunne, we invest significant time, money, and resources to create and distribute innovative and professional property marketing material and find the right buyer for our exclusive listings. Our professional marketing team will focus exclusively on your home, ensuring your property receives premium representation and coverage, including professional photography, video tours, digital virtual 3D tours, a dedicated property website, extensive social media and network dispersion and bespoke advertising strategies you would not access under a multi-agent setup. Apart from that, our exclusive listings benefit from a range of other services that have built our reputation for excellence and client satisfaction.

Streamlined point of contact

At MPDunne & Hamptons International, we believe that clear, direct communication is the key to a smooth and successful property sale. When you choose us as your sole agent, we will appoint a dedicated, responsible broker for your property. This experienced broker serves as your main point of contact throughout the process, providing you with personalised service and ensuring your needs are understood and addressed at every stage. This makes selling your property a much smoother and less intensive process for you, rather than dealing with many agents.

Your responsible broker manages all enquiries and is a direct liaison between you and potential buyers, ensuring consistent messaging and a thorough understanding of your property’s unique features. This exclusive, one-on-one relationship allows us to streamline the entire process, preventing the complications arising from multiple agents offering conflicting feedback or inconsistent information. Instead, you receive a focused, professional approach, leading to a more efficient, transparent, and ultimately successful sales experience.

With MPDunne, you’re not just appointing an agency—you’re securing a trusted partner fully committed to achieving the best results for your property.

Strategic Digital Marketing

An exclusive listing with MPDunne & Hamptons International unlocks the full potential of our talented creative team, led by a world-class Creative Director. This dedicated team includes a professional videographer, photographer, and full-time content writer, all of whom work with our Creative Director to craft a comprehensive, tailored marketing plan for your property.

Each property we represent benefits from our team’s creative expertise, ensuring that your home’s best and most distinctive features are highlighted. Our innovative marketing team invests time in understanding your property’s unique selling points, producing high-quality visual and written content that resonates with a range of discerning potential buyers. We ensure your property is presented at its absolute best, whether it’s stunning photography, immersive video tours, or compelling written descriptions.

Once we create high-quality property marketing material, our sophisticated digital marketing campaigns will feature your property on exclusive global real estate platforms, ensuring maximum exposure to our extensive network of international buyers. Combined with our growing social media channels that reach around 300,000 viewers monthly, plus those of our affiliates, our tailored approach ensures your property is marketed precisely, targeting the right audience to achieve a successful sale.

Market Expertise in Property Valuation and Management

At MPDunne & Hamptons International, we are proud to be one of Marbella’s most established and experienced agencies, with roots dating back to 2004. With over 15 years in our current location, we have weathered every market cycle—recessions, booms, and everything in between—emerging stronger with an unrivalled depth of market knowledge. This experience has positioned us as a true powerhouse in the Marbella luxury property market.

As a result, our team of professional agents are experts in valuing properties correctly and negotiating to secure the best possible price for our sellers. Unlike agencies that use inflated valuations to attract clients, we deliver well-researched, realistic pricing strategies, ensuring your property appeals to serious buyers and is competitively positioned in the market.

Global Reach, Local Expertise

By choosing MPDunne as your sole listing agency, you also gain exclusive access to the Hamptons International network of more than 1200 affiliate offices, which instantly connects your property to a global audience of buyers. This broad international reach ensures that serious, high-net-worth individuals worldwide see your listing, significantly enhancing your chances of a swift and successful sale.

Our in-depth experience and relationships within the Marbella real estate market also set us apart with an extensive network of over 2,000 collaborators, including top real estate professionals across the region, to ensure that your property receives maximum exposure. Our inclusion in the best MLS databases, regular newsletters, and targeted mailshots reach these agents, who, in turn, connect us with their buyers. This level of trust and respect in the local market means your property is in the best hands, and its marketing benefits from our dedicated focus and the collaborative power of a wide-reaching professional community.

Moreover, our exclusive sole agency listings benefit from having our high-quality marketing materials shared with this substantial network of trusted agents. Many agents do not have the in-house resources to produce marketing materials of this calibre. By providing them with everything they need, we ensure that your property is consistently presented with the best possible imagery and information across all platforms, maximising your chances of a fast and successful sale.

With this combination of local expertise and international connections, we thoroughly market our exclusive properties in the best way possible, giving them the attention they deserve and the exposure they need for a fast and effective sale. Over 50% of our sales result from collaborative efforts with leading local and international agents, leveraging a trusted network built over many years of successful partnerships.

Our reputation for professionalism and thoroughness ensures that other agents view us as a reliable partner. We make it easy for them by keeping all the paperwork and legal processes in perfect order, which is essential for building mutual trust and long-term relationships.

Choosing MPDunne as your sole agent means you benefit from the strength of a full-service real estate partner dedicated to achieving the best possible results for you. Our agents negotiate on your behalf with confidence, discretion, and a commitment to achieve the best results for you.

Listing with Multiple Agents: A Less Focused Approach

While we at MPDunne & Hamptons International advocate for the benefits of a sole agency arrangement, we understand that some sellers prefer to list their property with multiple agents. This approach can offer broader exposure and potentially reach more buyers, with multiple agents working to sell their homes.

However, working with multiple agents can present challenges. Firstly, using multiple agents means that you have to communicate with all the agents on a regular basis, making the process more labour-intensive. With different agents involved, there can also be inconsistency in pricing, marketing quality, property details, and presentation, leading to confusion for potential buyers. The absence of a unified strategy may result in varying photography quality, conflicting descriptions, and competing marketing efforts, which can ultimately dilute the property’s impact.

For non-exclusive listings, we strongly suggest owners engage professional photography and video services to ensure the property is presented in its best light so they can share it with the various agents. While our in-house creative team, including videographers, photographers, marketers and content specialists, is reserved for our sole agency clients, we still maintain high standards for non-exclusive listings. High-resolution, professional photos are a minimum requirement, and while not mandatory, in today’s market, a high-quality video tour can significantly boost a property’s visibility and appeal to modern buyers.

Choosing MPDunne as your sole agency ensures you receive a full range of premium marketing services that go above and beyond. A multiple-agent approach, while still effective, often misses out on the added dedication, marketing strategies, materials and overall attention that we offer to our exclusive listings – and you will find this will be true for most listing agencies when they sign a non-exclusive or multi-agent property listing contract.

At MPDunne, whether you choose sole or multiple agents, we are committed to ensuring your property is marketed broadly with a high standard of dedication, professionalism and excellence. That said, sellers who opt for a sole agency also enjoy access to our full range of creative resources, giving their property a distinct edge in today’s competitive market.

Price your Property to Sell

Before putting your property on the market, it is essential to determine its current market value. Setting the right price for your property is crucial to attracting potential buyers and ensuring a timely sale. If the price is set too high, it may deter potential buyers and lead to a prolonged time on the market without viewings. On the other hand, underpricing may result in selling below your property’s potential value.

Collaborating with an experienced real estate agent who knows the local market dynamics is essential to determining the correct market value of your home. Your agent can help you determine a realistic selling price for your property through a Comparative Market Analysis (CMA), which involves studying recent sales of comparable properties in your area, assessing the condition of your property, and taking current market conditions into account. Experienced agents should know the market inside out and can give you a realistic property valuation.

At MPDunne, we adhere to RICS (Royal Institution of Chartered Surveyors) valuation standards, which ensures a detailed and professional approach to pricing. Our team evaluates not only recent transactions but also unsold properties currently on the market, giving you a comprehensive overview of your home’s value.

Watch out for agents who overvalue properties just to secure listings. This tactic can result in price reductions down the line, which can lead to a longer time on the market. Having said that, as in most places in the world, it is rare to achieve an asking price in Marbella unless it´s for a unique listing, so it is wise to leave some room for negotiations.

In your discussions with your agent, you should stipulate your baseline. However, beware of agents asking you for your bottom line directly, as the market determines the price a buyer is willing to pay, not the agent or the owner. Since vendors pay the commission, agents work for you, and at MPDunne we aim to achieve the best possible outcome for our clients.

Additionally, you can seek an external official valuation (tasacion) for your property from an approved valuer. An official evaluation will calculate the market value using a comparative market analysis of recent sales data, fixed residual value that considers the highest and best use, and capitalization of income yield that focuses on potential rental income. Accurate valuations depend on up-to-date measurements, as property extensions or discrepancies in registry data can affect results.

Prepare your Property for Sale

Before listing your property, it’s essential to ensure that it’s in prime condition for viewings and that all paperwork is in order.

Paperwork & Legalities

Confirm that your paperwork and legalities are in complete order to satisfy the Due Diligence process by the buyer´s lawyers. It is important to get this started when you decide to list your property for sale, as deals can fall through if issues are not advised from the start or paperwork is not in order.

To sell a property in Marbella, it must be free of charges and liens and up to date with taxes and fees. The prospective buyer will engage a lawyer to complete full due diligence on your property. If you are selling a large property, such as a villa, the buyers will most likely request a home buyer’s report from a qualified technical engineer.

Your professional agent will request from you a series of documents they are obliged to have copies of under the Spanish regulations decree 218/05. These documents will include a copy of the nota simple (land registry extract), a copy of the LPO ( first habitation or occupancy licence), copies of the local taxes (IBI) and rubbish (basura) to the municipal town hall, details of your community administrators, your legal representatives and copies of your DNI or NIE identity documents.

Common sense dictates that you be fully prepared and advise your lawyers that you have put your property for sale. Have them prepare all the necessary paperwork and ensure the due diligence can be smoothly completed. If you own a large property, such as a villa, be prepared for buyers to request a detailed homebuyer’s report from a qualified engineer as part of their due diligence.

It is also advisable to have advice on your tax position, mainly if you have owned the property for some years. There will likely be a significant difference in your sale price, meaning you should factor in capital gains tax into your plans.

Showing your Property

“You never get a second chance to make a first impression”, which is never more true than viewing a house. The property should be shown in the best possible light, at the very least, clearing clutter away and presenting it clean and tidy.

The Marbella and Benahavís marketplace is very competitive, with buyers in the luxury market often looking for homes that are move-in ready (key-ready) and presented in impeccable condition. Top developers refurbish homes to the highest standards, so properties offered in modernly furnished or staged tend to sell faster.

For this reason, little cosmetic changes can make a big difference for an efficient sale. This may mean repainting key rooms, changing old taps or light fittings, or covering patterned furnishings with elegant throws, which can make greatly improve photos and first impressions. A good agent can point out the property’s weak points and make suggestions to help present it better and maximise the sale price and efficiency.

Many people spend months living “al fresco” in Southern Spain, particularly Marbella. As such, outdoor living areas are essential to buyers and may be one of the property’s main attractions. Appealing and comfortable outdoor furniture and proper placement will help to make this area inviting—your agent can make suggestions as to where. Ensure your swimming pool and gardens are pristine for viewings. We also recommend placing flowers and candles in key outdoor areas – little touches go a long way.

Remember that many properties in Marbella, Estepona and Benahavís are purchased for holiday homes, so the ideal is to present the home how it would arrive if you were coming to a luxury holiday rental. It should look like somewhere you want to live and spend quality time. The property should be professionally cleaned inside and out, with any maintenance tasks solved beforehand.

The house should smell clean and fresh; flowers in vases look appealing. You can also stage a couple of beautiful books on the coffee table and side tables, which also help the home feel warm, and the buyers imagine themselves living there. Remove anything that isn’t deliberately placed; the less clutter left around, the better.

To help prospective buyers feel comfortable voicing their feelings when viewing your home, we recommend that owners are not present at viewings. The agent or agents know the buyer and their requirements and can best emphasise your home’s unique features. The agent should have easy access, and the property should be well prepared and presented, with windows and curtains opened and lights on.

Villas take time to open and close and to show, and the easier it is for the agent to arrive at an open home. So if you are leaving in to the agents specifically for a viewing it is helpful to have it ready and prepared with windows open and lights on. You will have a greater chance of buyers’ interest in a second viewing.

A note about domestic animals: If you have dogs, particularly big ones, it’s a good idea to keep them out of the way while prospective buyers view the property. Most people don’t mind pets; however, they may prove a diversion from the main event, viewing the house with no distractions. Homes with indoor pets should pay particular attention to airing and perfuming before viewings.

Most of these suggestions are common sense – the better the house is presented on viewings, the more likely potential buyers are to find it appealing and take the next step towards purchasing it.

Market your Property

Once your home is ready to be shown, your agent will create a marketing plan to attract potential buyers. The digital landscape is essential in modern real estate marketing, so this expertise is crucial to having a professional agent list your property.

Previously, marketing a property involved creating a brochure, placing ads in the local media, putting up a for sale sign and hosting open houses. Professional digital marketing is essential for successfully selling properties, especially those in the high-end and luxury markets. Today, the property market and world are much more sophisticated, so social media sites like Instagram, Facebook, LinkedIn and YouTube are vital for a marketing strategy that reaches a worldwide pool of international buyers.

Additionally, online property portals such as Idealista and Fotocasa have emerged as popular channels for buying and selling properties in Spain, including in Marbella and Benahavís. These platforms allow potential buyers to browse a vast selection of properties, filter results by specific criteria, and communicate directly with sellers and agents.

At MPDunne, we leverage high-quality professional photography and video tours, including drone footage where applicable, to present your property in the best light and market it on all these channels and many more. This visual content is crucial, as most buyers today start their search online. Additionally, we recommend creating 360-degree virtual tours, which cater to the large number of international buyers in the Marbella real estate market who may not be able to visit in person right away.

Your agent should also consider using a for sale sign, especially in high-traffic areas where interested buyers may drive around looking for properties. However, the decision should be discussed based on the specifics of your property’s location and whether it suits your selling strategy.

At MPDunne, we provide our exclusive listings:

• High-quality professional photos: Poor images are off-putting to prospective clients, so posting a few photos to your website is no longer acceptable. Quality, high-resolution photographs are essential to highlighting your property’s unique appeal.

• Professional videos and reels, including drone footage: Our in-house marketing team will produce at least one creative, high-quality video presentation with drone footage for streaming on our website and social media platforms if permitted. This type of exposure is particularly critical when selling luxury homes in areas like Sierra Blanca, Puente Romano, and La Zagaleta, where buyers expect a certain level of presentation and exclusivity.

• Digital Virtual Tour: As many of our clients and buyers are international, we also offer our exclusive listings complementary 360-degree interactive virtual tours. These allow potential buyers to move around the property, understand how it looks and feels, and see views and spaces.

• Well-performing Professional website: A high-functioning professional website that is carefully built and managed to attract potential buyers, with regular updates and SEO optimisation, is a vital tool for any established real estate agency. It should be a user-friendly hub for all its online marketing activities, both professional, and informative, that also works well on mobile and tablet devices. With over 20 years of history and dedicated staff, MPDunne website is effective and high-performing, constantly being updated to the latest technology. It provides a seamless experience for clients, making it easy for them to find what they’re looking for and showcase the company’s expertise in the real estate industry, including a searchable database of all our properties with high-quality images, videos, 360 virtual tours, and detailed property descriptions. Everything is available in English, Spanish, French, and German to reach the most significant potential market.

• A custom property website: In addition to the main website, Marbella’s top real estate agencies often provide a dedicated unbranded property website so that any agent can send it to their client. At MPDunne, we list our exclusive properties on Prime Marbella, which makes it easy to share with potential buyers.

• Strategic social media marketing across all key channels: As discussed above, ongoing and targeted social media marketing is now essential for helping your property reach the right pool of buyers, both locally and worldwide. Our social media channels reach nearly 300,000 viewers monthly, and we market all our exclusive properties regularly on all these channels, maximising the chances of your property reaching potential buyers until it’s sold.

• Tailored property marketing strategy: This type of exposure is particularly critical when selling luxury homes in areas like Sierra Blanca, Golden Mile, Puente Romano, and La Zagaleta, where buyers expect a certain level of presentation and exclusivity.

• Broad coverage across top real estate portals: In the internet age, marketing your property on all the best-performing local and international portals is vital to reaching the greatest potential pool of buyers. With MPDunne, your property will be available across the MLS real estate databases and leading Property Portals in Spain and internationally.

• A dedicated, responsible agent: The ideal is that you have one point of contact accountable for selling your property. This person will liaise between you, potential buyers, and collaborating agents to keep everything on track and keep you updated on progress and feedback. At MPDunne, our properties are dedicated to experienced professional real estate agents who will keep your property on track.

• Collaboration with Agents: To sell your property, it must be seen! MPDunne is a listing agent who actively collaborates with over 1,000 local agents and 1,200 international affiliates and promotes your property to them. We also share our exclusive properties with some of Marbella’s and the world’s other top agencies, including thousands of other agents locally and internationally, so you get exposure on many agencies’ websites and networks. We encourage them to show our properties, offer them excellent fee sharing, make it easy for them to show the properties and help with due diligence on the properties. For some exclusive listings, we also share our properties with them so they list and market them as their own.

• International Exposure: In Marbella, an international presence is vital to reaching the broad range of worldwide buyers searching for property in the area. As such, diverse international exposure is paramount to reaching the right potential buyers. As part of Hamptons International, MPDunne collaborates with over 1,200 affiliate offices around the world that work together to promote our properties to their millions of clients. This includes our partnership with Hamptons UK, which is one of the largest and oldest real estate agencies, home to over 90 offices across the UK.

• Presentable, visible and well-located offices: It’s a common fact, but people like buying from people. Our team profiles make it easy for prospective clients to connect with a specific agent and visit our stylish office across the famous Marbella Club Hotel on the Marbella Golden Mile. Parking is easy, and we get many walk-ins and people looking at our display boards of people enjoying the local area, and they are able to see our selection of exclusive properties first.

• Broadly distributed marketing material: Top agencies will also produce brochures and magazines designed to be distributed in high-traffic areas to attract potential buyers in person. At MPDunne, we produce high-quality magazines and other punctual material to promote our properties and attract buyers now and in the future.

• For Sale Sign: Many potential buyers will often get to know the area they are interested in by driving around and visiting it to understand if it’s for them. A For Sale sign sells properties, so we advise you to do it and prepare personalised for sale signs with photos of the property and details. It works best if the owner is not living in the property, as it attracts people to knock on the door if they see anyone around. Unfortunately, some Marbella agents do not adhere to the norms, and if they can climb over a fence to get a listing, they will do so!

• Brokers Days and Open Houses: In Marbella and Benahavís’ competitive real estate markets, brokers’ days and open house presentations to local agents can be very effective. Good selling agents know their properties and open houses, which are ideal to get collaborating agents interested and motivated to collaborate in the sale.

• Excellent Overall Service: Your agent should seamlessly guide you every step of the way, so you never have to worry about the process or progress. Our comprehensive seller’s service combined with a knowledgeable, efficient and courteous sales team produces the results you want. We are proud of our track record as a leading luxury real estate agent in Marbella and Benahavís.

Complete the Sale

Offers and Contracts

Depending on the buyers, the viewing process can be short and sweet or drawn-out, but a second or third viewing usually leads to an offer being put forward to your agent.

Again, a professional agent will be adept at handling this and insist on a complete written offer with terms and conditions being presented.

The offer should outline the conditions and terms, the price offered, the time frame for completion, and payment of the deposit. The written offer should also include special requirements, such as furniture, fixtures, and fittings. The offer should also state the details of the person making the offer and the lawyer who will be instructed.

In Spain, offers are not usually accepted subject to a mortgage, and sellers will only take a property off the market with a deposit. Deposits are only refundable if the property cannot be sold for some reason.

Serious clients will have serious lawyers and funds readily available should their offers be accepted. A buyer with everything in place and ready to move quickly will make the seller´s decision much easier than a verbal offer with no proof of funds or the buyer.

The same goes for deposits; nothing carries more weight than a buyer with the funds already in their Spanish bank account or escrow with their lawyers.

Your agent acts as a buffer in the negotiations and helps ensure the best outcome; an experienced agent will get the best deal possible for their client.

However, it´s a formal process that deserves a proper methodology, and verbal offers with unclear terms must be avoided.

Offer Accepted

Once the seller has accepted the offer, it´s time for the legal teams to get involved and move forward to arrange the private contracts and deposit payments.

Your professional agent will introduce everyone involved, inform the lawyers of who is representing whom, provide their contact details, and request that they get in contact to arrange the property sale. The seller will need to confirm to their lawyer their acceptance of the offer as put forward by the buyers and authorise them to proceed with the due diligence.

Reservation Contract o Documento de Reserva: The Marbella market has heated up considerably since 2020 after Covid with unprecedented home demand.

Due to this, it has become standard practice for a seller or their agent to request that a reservation be paid to allow them to take the property off the market and, indeed, for the buyer to want to do this to ensure they get the property.

A fee and time are agreed upon, which can be anywhere from €6,000 – €50,000 up to 1% firm offer and 7-15 days or more, and during this time, the buyers´ legal representative undertakes the due diligence process.

If the buyer proceeds, the amount paid becomes part of the purchase price. However, if the buyer decides not to move forward due to a change of mind, the reservation fee will be forfeited as compensation to the owner for taking it off the market.

This reservation is placed in escrow and usually passed to the seller´s lawyers with the signature of the reservation document.

Reservation deposits are fully refundable if the property fails to satisfy the due diligence or an issue prevents its sale.

Private Contract with 10% payment: Once the reservation contract is signed, The Private Contract is the next step, which entails payment of 10% less the reservation paid. This is a crucial part of the process and is only signed when the lawyers fully complete the due diligence. It effectively seals the deal, with the final remaining step being completion at the notary office.

Some sellers prefer to go directly to the 10% payment and Contract, particularly for the more expensive properties. In this case, they instruct their lawyers to accept the offer to start the due diligence and provide the buyers´ lawyers with the required documentation.

The lawyers will have their preferences as PPC contracts signed, but here are the main types of private contracts in Spain with 10% payment. The most usual contracts are:

Penitential deposit Contract—Contrato de Arras penitentials: This is one of the most widely used contracts in Spain for property purchase. As its name suggests, it imposes heavy penalties on both sides if they do not sell or buy under the agreed terms.

It is a binding contract between the parties. If the buyer does not complete the purchase, they will forfeit the 10% paid, and if the seller wants to break the Contract, they must pay double the 10%.

Option to purchase – Contrato opción de compra: In this Contract, the seller gives the buyer an option to purchase for an agreed price of the option, usually 10% of the purchase price in an agreed time frame. Both sides must buy and sell and can be forced to do so via the courts.

If the buyer fails to fulfil the option payment, the seller can keep the funds as they have failed to complete the option in the agreed-upon time frame. There is no requirement to notify the buyer or extend the option contract should they fail to pay, and the buyers have no recourse.

Private purchase contract – Contrato Privado de Compraventa: This Contract does not give the seller the right to back out with a penalty payment. If the buyer doesn´t buy the property, they lose the 10% paid, and the Contract is no longer valid.

Once the private contract is signed and the deposit paid, the rest usually goes smoothly to the notary and completion. The sellers can start their moving process pending completion at the notary on the date agreed upon.

Selling your property in Marbella can be a complex process, but with the help of a skilled agent and careful planning, you can achieve a successful sale and move on to your next adventure.

Selling Costs

The vendors pay the following costs and taxes when selling the property:

Real estate agency fees: The seller is responsible for paying the Real Estate Agent fees per the contract agreement. However, it is common practice for the buying lawyer to prepare the checks for the disbursement of the sale price, and this will include the real estate agent fees.

Legal fees: The seller pays his own legal and fiscal advisors.

Plusvalía (Municipal Added Value Tax): The Plusvalía municipal is a tax due to the local town hall area. It is based on the incremental value of the property from the original purchase date to the selling date. Your lawyer will ascertain the exact amount from the town hall. The longer you own the property, the higher the amount is capped at twenty years maximum.

Cancellation Fees: The seller is responsible for paying any taxes due or charges to cancel a mortgage or any other debts on the property, as the property must be sold free of all charges and encumbrances.

Local taxes and community fees: All must be current, and a certificate of debts will be obtained from the community of owners. If there are outstanding amounts, the buyers´ legal representatives will retain these from the sale price.

Capital Gains Tax (CGT): All sales in Spain are subject to Capital Gains taxes with distinct rules and rates depending on the sellers´ situation, being a resident or non-resident or if it is a company selling the property.

Non-resident: All sales of property owned by a non-resident entity will have a 3% withholding amount of the sales price withheld in the new title deeds as the notary and paid to the Spanish tax office against eventual capital gains. This obligation is placed on the buying side to withhold the amount and lodge it with the Spanish tax authorities. The seller then must settle his affairs, either claiming back or paying the difference.

Resident: A tax resident will not have the withholding tax paid at the notary and must declare the sale of the asset in their tax declarations.

Sundry expenses: As Spanish properties are generally sold free of any charges, these must be cleared before the sale, or the amounts outstanding will be calculated and withheld by the buyers´ lawyers to ensure payment. The notary must have an original certificate from the property´s community administration stating that no debts are due to the community. The lawyers will have checked the local taxes and utility bills and confirmed they are paid up to date.

Why Market your Property with MPDunne

When you choose to sell your property with MPDunne, you are choosing a reputable real estate agency with a proven track record of success in Marbella’s luxury market. With over 20 years experience in the Marbella, Benahavís and Estepona areas, MPDunne offers in-house property marketing services for each of our clients. Our approach is professional, innovative, and fully tailored to the unique needs of your property to maximise it´s sale potential.

As a luxury real estate marketing agency in Marbella, we specialise in delivering a bespoke and results-driven marketing service to help you sell your luxury property in Marbella, Benahavís, and Estepona. Choosing to list your property for sale with MPDunne ensures that you benefit from our extensive expertise and exceptional marketing services. Our multi-disciplinary professional team is dedicated to providing your property with the highest level of exposure and attention, guaranteeing that it stands out in Marbella’s competitive high-end real estate market.

We pride ourselves on offering tailored marketing strategies, comprehensive global reach, impressive cutting-edge videography, virtual tours and client service, ensuring that your property receives the maximum visibility and interest from qualified buyers worldwide, including:

• Professional Property Photography
• Innovative Property Video Marketing
• Virtual Tours and 3D Visualisations
• Individual Property Websites
• Exclusive Digital Advertising Campaigns
• Regular Social Media Marketing
• Exceptional Print and Media Coverage
• High-performing professional website
• Global Exposure on Top Real Estate Platforms including the Hamptons network
• Premium location on the Marbella Golden Mile, across from Marbella Club Hotel
• Experienced and committed team of professionals
• MPDunne publications reach around 300,000 individuals monthly

Hamptons International Reach

By choosing MPDunne, you’ll instantly be part of a group of international buyers, sellers, landlords and tenants that make up the Hamptons family. Your property will have a truly international reach. As well as listing on MPDunne’s website and it´s own page, international property listingswith Hamptons have the potential to reach, including:

• A UK database of over 150,000 clients
• 90 + branches across London and the south of the UK Central PR & marketing – brand seen 3.9 million times in 2023
• Over 130 branches across the world, or 1,250 including our Connells group affiliates, all of whom will proactively work together to market your property.
• Social media channels reach 11 million every month
• Website visitors – 300,000 visits per month

Free Valuation

Contact us to schedule a free consultation to discuss the value of your property in Marbella, Benahavís, or Estepona at a time that suits you. Our dedicated sales team is more than happy to undertake a market appraisal and discuss how we can help you sell your property efficiently on the Costa del Sol.