Malaga is one of Spain’s most popular spots for foreign buyers — but the local real estate market can be tricky to navigate without expert guidance.
If you’re purchasing as a non-resident, here are the top legal pitfalls to avoid — and how Borderless Lawyers helps you steer clear of them.
❌ 1. Not Hiring an Independent Lawyer
Relying on the seller’s or agent’s lawyer is one of the biggest mistakes you can make.
📌 Always use a neutral, buyer-focused legal advisor — not someone who’s paid by the other side.
❌ 2. Paying a Deposit Before Legal Review
Never transfer money or sign an arras contract without:
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Title verification
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Urban planning checks
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Debt clearance confirmation
We’ve seen buyers lose tens of thousands due to rushed deposits.
❌ 3. Skipping the Urban Planning Report
Rural properties and older homes in Malaga may:
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Lack building licenses
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Be affected by public easements
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Have illegal extensions or pools
âś… We request full urbanistic certificates and flag zoning risks early.
❌ 4. No Power of Attorney Setup
Buying remotely without a lawyer’s POA can delay your process by weeks — or cause you to miss signing deadlines.
We prepare bilingual, notarized POAs for fast and secure remote purchases.
❌ 5. Not Verifying Utilities & Community Fees
Before buying, we check:
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Unpaid electricity/water bills
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Outstanding IBI taxes
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Community association debts
📌 These debts stay attached to the property — not the previous owner.
❌ 6. Ignoring the Land Registry vs. Cadastre
Discrepancies between the Land Registry (Registro) and Cadastre (Catastro) can:
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Complicate mortgage approvals
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Block future renovations
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Lead to fines or registration issues
âś… We reconcile and correct mismatches before signing.
❌ 7. Misunderstanding Tax Obligations
Foreign buyers are often unaware of:
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ITP or VAT tax rates
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Notary and registration fees
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Future annual taxes like IBI and imputed income tax
We give you a full tax cost sheet before closing.
❌ 8. Using Personal Bank Transfers for Payment
Spanish notaries often require payment via bank-guaranteed cheque or lawyer escrow account.
Using informal transfers can:
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Delay the transaction
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Violate anti-money laundering laws
âś… We open Spanish bank accounts or offer client accounts for secure payments.
❌ 9. Not Drafting a Bilingual Deed
Your purchase deed (escritura) must reflect:
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Your legal rights
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Joint ownership (if applicable)
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Correct purchase structure for tax efficiency
We provide bilingual deed assistance and coordinate with the notary.
❌ 10. No Post-Sale Registration
After signing, you must:
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File property taxes
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Register with the Land Registry
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Update municipal and utility records
Failure to do so may result in future legal issues. We handle all post-sale steps.
🧑‍⚖️ Borderless Lawyers = Full Protection at Every Step
Our Malaga property purchase service includes:
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Legal due diligence
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Contract negotiation
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Power of Attorney drafting
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Tax calculation and filing
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Notary coordination
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Post-deed registration
All in your language. All for a transparent fixed fee.
đź“ž Buying Property in Malaga? Start with a Legal Safety Net
We help you buy with clarity, confidence, and complete legal protection — whether you’re in Spain or abroad.