Why Hire a Lawyer When Selling a Property in Mallorca or Ibiza
When buying or selling a property in Spain, understanding how the process differs from your home country is essential. In Mallorca and Ibiza, the legal framework is not the same as in Germany, the UK, or northern Europe.
In Spain, the Notary does not perform the same functions as a solicitor or conveyancer abroad. The Notary simply certifies that the documentation presented by both parties is correct and that the signatures are valid. They do not carry out legal due diligence or assume responsibility for the content of the transaction.
Once the deed (escritura pública) is signed, the Notary sends a telematic notice to the Land Registry, but the deeper legal, tax, and administrative checks must be handled by a lawyer specialised in real estate law.
Why hire a real estate lawyer in Mallorca or Ibiza?
Every country has its own legal system. In Spain, the roles of the Notary, lawyer, and estate agent are distinct. That’s why, if you want your transaction to be safe and transparent, legal representation is essential.
A real estate lawyer ensures that:
- All legal, planning, and tax matters are properly verified.
- The contracts are correctly drafted and protect your interests.
- The transaction is compliant with Spanish law and free of risks.
- You fully understand every step of the process — in your own language.
Having an experienced lawyer also helps prevent surprises later, such as unpaid taxes, illegal building extensions, or planning infractions.
Before selling: the importance of preparation
At Frau Legal, we emphasise that “the before counts as much as the after”.
We offer a unique Property Pre-Scan Service — a preliminary legal and urban analysis of your property to detect any irregularities before it goes on the market.
This report reviews:
- The Land Registry extract (Nota Simple).
- The registered and cadastral square meters.
- The urban planning status from the Island Council (Consell Insular).
- Municipal taxes and debts with the Town Hall.
- Outstanding charges or encumbrances on the property.
With this information, sellers can correct any legal or planning issues before listing the property, while buyers gain confidence in the property’s legal soundness — making negotiation smoother and faster.
The sale: contract and deed
Once the property’s legal status is verified, the lawyer prepares the reservation or option-to-purchase contract (contrato de arras u opción de compra). This legally binds both parties and must include:
- Agreed sale price.
- Deposit amount and payment terms.
- Documents to be provided at signing.
- Deadlines and penalties for breach.
The lawyer also assists in preparing the notarial deed of sale, ensuring that all documentation is ready for signing.
Common costs in a property sale
Your lawyer will prepare a full breakdown of the related taxes and costs, including:
- Transfer Tax (ITP) or VAT (IVA), depending on the property type.
- Plusvalía Municipal (capital gains tax on urban land).
- Capital Gains Tax for non-resident sellers.
- Notary and Land Registry fees.
- Legal fees.
Typically, the buyer should expect costs between 12% and 14% of the purchase price.
For more details on taxes, see our guide:
👉 Procedure for Buying a Property in Spain.
After the sale: registration and tax obligations
After signing at the Notary, tax payments must be completed within specific time limits. Without paying the transfer tax, the buyer cannot register ownership at the Land Registry.
The lawyer will also handle:
- Ownership changes with utility providers (electricity, water, internet, etc.).
- Submission of the property transfer documents.
- Coordination of tax payments for both resident and non-resident clients.
Your trusted legal team in Mallorca and Ibiza
At Frau Legal, our team of lawyers and tax consultants offers a comprehensive legal, tax, and administrative service for both residents and non-residents. We ensure that your property transaction — from start to finish — is secure, compliant, and stress-free.
📍 Visit us in Palma, Puerto Portals, Sóller, or Ibiza
Or contact us online: fraulegal.com/contact
