Due diligence is the legal verification of a property’s ownership, debts, licenses, and compliance — done before you sign a deposit contract or pay funds.
In Marbella, this step is essential for foreigners buying:
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Villas
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Apartments in resorts
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Rural or semi-urban plots
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Off-plan or resale properties
✅ It ensures that the seller can legally sell the property and that you won’t inherit any legal issues.
🏛️ What a Lawyer Checks in Marbella Due Diligence
| Legal Check | Why It Matters |
|---|---|
| Title deed (escritura) | Confirms legal owner and property boundaries |
| Land Registry certificate | Reveals debts, mortgages, embargoes |
| Cadastral match | Ensures plot size matches legal description |
| Planning/zoning classification | Verifies buildability and usage |
| Licenses & habitability | Ensures home can be legally lived in |
| Community debts & fees | Avoid unpaid charges from previous owners |
| Tax clearance | Checks IBI and garbage taxes are paid |
| Utility verification | Water, electricity, sewage status |
⚠️ Why Marbella Requires Special Caution
Some Marbella properties:
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Were built without full licenses in the past
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Are on non-urbanizable land
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Have been illegally extended
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Are subject to heritage or environmental protections
✅ Our lawyers consult the PGOU Marbella and municipal archives to confirm legal status.
🔑 We Access Official Records From:
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Registro de la Propiedad (Land Registry)
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Catastro (Cadastral Office)
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Marbella Urbanismo (Urban Planning Department)
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Ayuntamiento de Marbella (Local Council)
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Community of Owners (if applicable)
We cross-check all information in both legal Spanish and provide a summary in English.
📋 What You Receive from Borderless Lawyers
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Complete due diligence report
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Red-flag alerts and legal risk assessment
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Tax history and legal use confirmation
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Title and planning report
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Action plan (e.g. if a pool is unregistered, how to legalize it)
🧾 What If There’s a Legal Issue?
Common issues we’ve helped clients resolve:
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Property not properly registered → We assist with late registration
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Inheritance not completed → We coordinate with heirs to update title
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Debts found → We ensure seller clears them before signing
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Illegal additions → We negotiate price or request seller legalization
✅ If issues can’t be resolved, we recommend walking away — before you lose your deposit.
💼 Why You Should Never Skip Due Diligence
Without proper due diligence, foreign buyers risk:
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Buying a non-buildable or illegal property
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Being liable for unpaid taxes or community fees
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Facing demolition or fines after purchase
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Getting stuck with an uninsurable or unsellable asset
🧑⚖️ How Borderless Lawyers Protects You
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Independent buyer-side legal support
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Full access to local Marbella property databases
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Bilingual reports and personal legal explanations
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Fixed-fee pricing with no hidden costs
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Remote due diligence available if you’re abroad
📞 Buying in Marbella? Start With a Legal Check
Don’t rely on agents or sellers — get independent legal verification before paying anything. We make the process clear, safe, and efficient.