Terms for listing and selling a property
Read these terms before submitting your property. Submission is a request for review, not automatic publication or a binding agency appointment.
Your submission will be reviewed first. A final agency appointment will be confirmed separately in writing.
1. Submission and agency appointment
The owner or an authorised representative may submit a property. We may review, reject or request supporting documents. An agency appointment only arises once both parties confirm the engagement and applicable terms in writing.
2. Agency fee: 10%
For a sale concluded through our agency, the fee is 10% of the final total agreed sale price. For example, a €100,000 sale results in a €10,000 fee, excluding any legally applicable VAT. Whether VAT applies and at what rate will be confirmed in writing before the agency agreement is signed. Simply submitting a form does not create a fee obligation.
3. Payment
The fee normally becomes payable on completion of the sale and notarial transfer of ownership. Any different arrangement must be agreed in writing beforehand. Taxes, notary fees, registration fees and other selling expenses are not included unless agreed otherwise in writing.
4. No automatic exclusivity
Submitting a property does not grant exclusivity. Any exclusive appointment, term, renewal or rules concerning buyers introduced directly by the owner require a separate express written agreement. There is no automatic renewal or cancellation penalty.
5. Seller’s obligations
The seller must provide accurate information about ownership, cadastral details, area, permits, debts, mortgages, easements, utilities and known defects, promptly report changes and provide relevant documents and reasonable access for viewings.
6. Photos, advertising and privacy
The seller confirms they have the rights to supplied photos and text and authorises their marketing use after approval. The seller’s private contact details will not be published on the listing; interested buyers contact the assigned agent. Personal data is processed for review, brokerage and legal duties.
7. Viewings, offers and sale
We may review, edit or decline listings. Publication does not guarantee a sale. Offers and negotiations are handled in consultation with the seller. A final sale follows the applicable Spanish legal and notarial process.
8. Termination and withdrawal
Before an agency contract is concluded, a submission may be withdrawn. Consumers who conclude a distance services contract may have a statutory 14-day withdrawal right, subject to legal exceptions. Separate information and a withdrawal form will be provided when contracting. Mandatory consumer rights remain unaffected.
9. Liability and complaints
We aim to act carefully but cannot guarantee a sale date or price. Nothing excludes liability or consumer rights where prohibited by law. Complaints can be sent to jeff@hollydayhouseinspain.es.
10. Applicable law and language
Spanish law applies to the final agency agreement insofar as mandatory consumer rules do not require otherwise. If translations differ, the language version expressly agreed and provided with the separate appointment governs. A Spanish version is available.
11. Notary, transfer of ownership and additional costs
The 10% agency fee on the final sale price is payable by the seller, excluding any applicable VAT. Under Article 1455 of the Spanish Civil Code, the seller generally pays the cost of executing the original notarial deed, while the buyer generally pays for the first copy and costs arising after the sale, unless lawfully agreed otherwise. The buyer generally pays for Land Registry registration and applicable purchase taxes (transfer tax/ITP or VAT and, where relevant, stamp duty). The seller bears any applicable capital gains tax, municipal land value increase tax (plusvalía municipal) where legally due, and the cost of discharging mortgages or liens not assumed by the buyer. Each party pays for their own lawyer, translator, power of attorney and administrative adviser unless otherwise agreed in writing. Actual notarial costs and taxes depend on the transaction and applicable law. Private agreements do not change statutory tax liability towards the authorities.