Selling your home in Spain? These are the 5 legal pitfalls that could cost you thousands, and one easy solution

What every seller should know before putting a property on the market

Selling a property is often seen as a straightforward process: find a buyer, agree a price and complete the sale. In reality, the legal side of selling can be full of potential pitfalls, many of which can lead to delays, renegotiations or even financial loss if not handled correctly.

1. The paperwork is wrong

One of the most common issues sellers face is incomplete or inaccurate documentation. Property transactions require a wide range of paperwork, including title deeds, planning permissions and details of any alterations made to the property. Missing or incorrect information can slow down the process and raise concerns for the buyer.

2. You don’t specify everything that could be wrong with the property

Disclosure is another critical area. Sellers are legally obliged to provide accurate information about the property. Failing to disclose known issues, such as structural problems, disputes with neighbours or unauthorised building work, can have serious consequences. Buyers who discover these issues later may withdraw from the sale or pursue legal action based on a fraudulent sale due to a non-disclosure of a material fact.

3. There are outstanding payments that need to be settled

Then, of course, outstanding debts or charges linked to the property can also cause complications. Mortgages, liens or unpaid community fees must be settled before the sale can be completed. If these are not identified early, they can delay completion or reduce the seller’s final proceeds.

4. The contract isn’t drawn up properly

Contractual misunderstandings are another risk. Without proper legal guidance, sellers may agree to terms that are not in their best interest, such as unrealistic completion deadlines or unfavourable conditions.

5. Communication between buyer and seller is not fast enough

Timing plays a crucial role as well. Delays in responding to enquiries, providing documents or resolving issues can frustrate buyers and increase the likelihood of the deal falling through. In competitive markets, buyers may simply walk away.

How to avoid falling into these traps, and sell your home legally in Spain

A professional conveyancer helps sellers navigate these challenges by ensuring all legal requirements are met, documentation is complete and potential problems are addressed early. This not only reduces stress but also protects the seller from unexpected costs and disputes.

Legal experts Gestoría Carvajal, based in Puerto de Mazarrón and Camposol in the Region of Murcia, offer comprehensive conveyancing services that aim to simplify the property sale and purchase process by supplying “clear, practical advice”, as well as a “general quotation of costs, legal fees and any taxes due”.

Their transparent and complete legal research ensures that both sellers and buyers can make the right decisions at every stage of the property purchase or sale process in Spain, including whether the transaction can go ahead without problem or if there are certain important matters to be resolved first.

Email info@gestoriacarvajal.com or use the contact details below to reach out to the team today:

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Calle Jara, behind Galp, Camposol Sector B, 30875, Mazarron (MURCIA)

Tel: 0034 968 154 045

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Gestoria Carvajal Solicitors in Camposol and Puerto de Mazarrón

Gestoria Carvajal is an established family-owned business based in Puerto de Mazarrón and Camposol.

They offer legal and paperwork services including:

Legal assistance
Spanish wills and inheritance
NIE numbers
Residencia and visas
Nationality and Spanish citizenship
Driving licence exchange
Converting car number plate to Spanish registration
Property conveyancing
Property sale and rental contracts
Car transfers
Translation

Their fully qualified staff are fluent in English, Spanish, Dutch, French and German, so they are able to serve a wide variety of customers in the local area.