By default, Spanish property law assumes that a house is sold completely empty, stripped of all furniture, decorative items, and sometimes even basic appliances. If a United States buyer wishes to purchase the property fully furnished, every single item must be explicitly negotiated and documented in a detailed inventory annex attached to the contract.
The legal default of empty properties
A frequent point of friction in international real estate transactions arises from differing cultural assumptions regarding what is included in the sale of a home. In the United States, it is standard practice that permanent fixtures, built-in cabinetry, and major kitchen appliances (white goods) automatically remain with the property unless specifically excluded in the contract.
In the Spanish real estate market, the legal baseline is entirely different. Unless you have a written agreement stating otherwise, a Mallorcan seller has the absolute legal right to take everything that is not structurally cemented to the walls. It is not unheard of for local sellers to carefully unscrew and remove light fixtures, extract the oven and refrigerator, dig up expensive garden plants, and even remove interior doors. To protect yourself from arriving at a completely stripped, unlivable shell, you must approach the negotiation of the contents with extreme legal precision.
Negotiating the furniture package
In the premium luxury markets of Ses Salines and Santanyí, many modern villas and carefully restored historic fincas are marketed and sold «turnkey.» This means the breathtaking designer furniture, the custom outdoor dining sets, and the curated artwork you see during your viewing are intended to be sold alongside the house.
However, you must never assume the furniture is included in the headline asking price. Often, the seller expects a separate, secondary negotiation for the furniture package. From a tax perspective, this separation can actually benefit the buyer. By assigning a specific, realistic financial value to the second-hand furniture and drafting a separate contract for it, you pay a much lower transfer tax on the furniture than you would if that value was simply lumped into the overall property price, which is subject to the high regional property transfer tax.
The critical inventory annex
If you successfully negotiate to keep the furniture, verbal agreements or vague contract clauses like «fully furnished» are legally worthless. A phrase that broad leaves the seller completely free to swap out the expensive Italian leather sofa you saw during the viewing for a cheap, broken substitute before closing day.
To guarantee you receive exactly what you paid for, your independent lawyer or real estate agent must create a meticulous, itemized inventory document (Inventario). This document must list every single item of value, including the brand names and serial numbers of high-end kitchen appliances, televisions, and pool equipment. The most secure inventories include timestamped photographs of every room, explicitly showing the furniture in place. This exhaustive inventory is then signed by both parties and legally attached as an unalterable annex to your private deposit contract.
White goods and permanent fixtures
Even if you do not want the seller’s personal beds or sofas, you must still legally lock down the «white goods» (electrodomésticos) and fixtures. If you want the built-in Miele coffee machine, the Gaggenau ovens, the washing machine, the custom window blinds, and the air conditioning compressor units to remain on the property, they must be explicitly written into the deposit contract. Do not leave any room for interpretation. If an item is not documented in writing, the seller is legally entitled to put it in a moving truck.
The Villas y Fincas Mallorca angle
We know that the appeal of buying a luxury home in Mallorca is stepping off the plane and immediately beginning your vacation, rather than spending your first three weeks shopping for washing machines and lightbulbs. At Villas y Fincas Mallorca, we manage the inventory negotiation with absolute precision. We draft the photographic annexes, we negotiate the separation of furniture values to optimize your tax exposure, and we conduct the final pre-closing walkthrough to verify that every single designer chair and high-end appliance is exactly where it is supposed to be, ensuring a seamless, turnkey transition into your new island life.
Legal Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute legal or tax advice. The inclusion or exclusion of personal property and fixtures must be explicitly detailed in private contracts governed by the Spanish Civil Code. Villas y Fincas Mallorca strongly advises all buyers to have their independent Spanish lawyer draft and review all inventory agreements to ensure legal enforceability.