Key Takeaway for US Buyers: The ITE (Inspección Técnica de Edificios) is a mandatory, government-regulated health check for older buildings in Spain. For US buyers, demanding a valid ITE or commissioning an independent technical survey ensures the historic Mallorca finca is structurally sound and free of catastrophic hidden defects. The mandatory health check for historic […]
Key Takeaway for US Buyers: Yes, historic dry-stone walls (márgenes de piedra en seco) are fiercely protected in Mallorca as critical cultural and environmental heritage. US buyers cannot legally demolish these ancient boundaries and must hire specialized local artisans (margers) for any restoration or structural repair. The cultural heritage of the marges For affluent United […]
Key Takeaway for US Buyers: The 3% retention is a mandatory Spanish anti-tax-evasion measure. When a non-resident US citizen sells a property in Mallorca, the buyer must legally withhold 3% of the total purchase price and pay it directly to the Spanish tax agency as an advance on the seller’s capital gains tax. The Spanish […]
Key Takeaway for US Buyers: Building a new swimming pool on rustic land in Mallorca is legal but fiercely restricted. Balearic zoning laws strictly cap the size of new pools to a maximum water surface area (espejo de agua) of 35 square meters, making massive, resort-style pools impossible to build legally today. The strict limits […]
Key Takeaway for US Buyers: A “proindiviso” is the Spanish legal term for fractional co-ownership of a property. For US buyers purchasing a luxury estate with friends, this structure is highly dangerous because Spanish civil law allows any single co-owner to legally force the sale of the entire property at any time. Understanding fractional ownership […]
Key Takeaway for US Buyers: Your US marital status dictates exactly how a Spanish property is legally titled. The Spanish Notary demands proof of your specific matrimonial regime—either Community Property (Bienes Gananciales) or Separation of Assets (Separación de Bienes)—requiring Hague apostilled marriage certificates. The Spanish obsession with matrimonial regimes When affluent United States couples arrive […]
Key Takeaway for US Buyers: Renting out a guest house separately from the main property for short-term holiday stays is strictly illegal in Mallorca. The ETV tourist license mandates that the entire estate must be rented as a single, indivisible unit to a single group of guests. The illusion of the dual-income property For highly […]
Key Takeaway for US Buyers: Vicios Ocultos are severe, pre-existing structural or mechanical defects in a property that the seller hid from the buyer. Spanish law allows US buyers to sue the seller for financial compensation or cancel the sale entirely, but the legal window to act is a brutally short six months. The definition […]
Key Takeaway for US Buyers: A Nota de Encargo is the legally binding contract between a property seller and a Spanish real estate agency. For US expats selling a Mallorca estate, defining whether this contract is exclusive or non-exclusive dictates the entire marketing strategy and the massive commission liabilities. Defining the Spanish listing agreement When […]
Key Takeaway for US Buyers: In the standard Mallorca real estate market, the seller pays the entirety of the real estate agency commission. However, US buyers must be hyper-vigilant, as some agencies aggressively attempt to charge hidden “buyer fees” or operate as dual agents, severely compromising their fiduciary duty to the purchaser. The standard commission […]
