Malaga is one of Spain’s most popular destinations for foreign buyers — but the legal and bureaucratic landscape is very different from other countries.
Without local legal guidance, buyers often fall into traps that lead to:
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Lost deposits
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Illegal constructions
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Surprise taxes
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Ownership disputes
Let’s break down the key pitfalls you must avoid — and how to stay safe.
đźš« Pitfall 1: Trusting Real Estate Agents With Legal Advice
Agents in Malaga are not licensed to provide legal guidance, but many overstep — advising on:
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Contracts
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Ownership rights
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Inheritance or taxes
✅ Always use an independent Spanish lawyer — not one referred by the agent.
đźš« Pitfall 2: Skipping Proper Due Diligence
Rushing to sign an arras contract without verifying the property can lead to:
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Boundary issues
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Illegal builds (e.g. unlicensed pools or extensions)
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Debts or embargoes
âś… Our lawyers run a 10-point legal check before you pay anything.
đźš« Pitfall 3: Failing to Verify Tourist Rental Permission
Buying for Airbnb or short-term rental? You may not be allowed.
Check for:
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Community rules banning tourist lets
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Municipal limits on new licenses
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Existing fines or noncompliance
âś… We verify this upfront before the deal.
đźš« Pitfall 4: Believing the Property Description at Face Value
Often, the actual legal size or boundaries do not match what’s advertised.
For example:
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A “120m² villa” is actually only 90m² legally
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“Private parking” is shared space
âś… We cross-check the catastro, nota simple, and title deed to expose inconsistencies.
đźš« Pitfall 5: Buying Without a Spanish Will or Tax Planning
If you die without a Spanish-compatible will, your heirs may face:
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Expensive inheritance procedures
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Preventable taxes
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Delays and court issues
âś… We help foreign buyers draft a compliant will and minimize future tax burdens.
⚠️ Bonus Pitfall: Unregistered or “Under the Table” Payments
Never agree to pay part of the price in cash or “off the books.” It’s illegal and leads to:
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Higher taxes later
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Fines from Hacienda
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Lost legal protections
✅ Our process ensures full transparency — in line with Spanish tax law.
đź“‘ Summary of Key Buyer Pitfalls
| Pitfall | Solution |
|---|---|
| Trusting agents too much | Hire your own independent lawyer |
| Skipping legal checks | Get full due diligence |
| Relying on vague rental promises | Verify license rules |
| Believing incorrect property info | Compare all legal records |
| No inheritance/tax plan | Create a Spanish will + optimize taxes |
| Under-the-table payments | Avoid all illegal transactions |
🧑‍⚖️ How Borderless Lawyers Protects Foreign Buyers
Our Malaga-based legal team:
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Performs deep due diligence
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Negotiates safe contracts
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Reviews tax & inheritance risks
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Handles remote purchases with POA
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Keeps you fully informed in your language
âś… Trusted by buyers from the UK, Germany, the Netherlands, Sweden, USA, and more.
đź“ž Ready to Buy in Malaga With Confidence?
We help you avoid costly mistakes and protect your investment every step of the way.