Before you sign a deposit agreement (Contrato de Arras) or send funds, you need a lawyer to conduct legal due diligence on the property. Marbella’s real estate market, especially in resale and coastal zones, includes hidden risks that can cost buyers thousands.
At Borderless Lawyers, we perform complete due diligence so you buy with confidence.
🧾 What Is Legal Due Diligence in Spain?
Due diligence means checking everything about the property before signing or paying:
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Ownership status
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Debts or liens
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Construction legality
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Tax compliance
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Legal boundaries and registration
We obtain all documents and records directly from Spanish authorities to verify that the property is safe to buy.
🧱 1. Title & Ownership Check
We verify:
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The seller is the legal and registered owner
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There are no disputes or third-party claims
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The seller has the right to sell (not under court embargo or inheritance freeze)
📄 We request a nota simple from the Land Registry to confirm ownership status.
💰 2. Debts, Mortgages & Charges
We check for:
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Mortgages
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Embargoes or unpaid taxes
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Unpaid IBI (property tax) or community fees
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Outstanding utility debts
💡 If you buy without checking, you inherit these debts under Spanish law.
🏗️ 3. Building Legality & Urban Planning
This is essential in Marbella, where:
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Some homes were built without proper permits
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Rural properties may not be legal dwellings
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Planning violations can lead to fines or demolition orders
We request:
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Licencia de Primera Ocupación (habitation license)
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Urban planning certificates from the Town Hall
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Confirmation the property complies with zoning laws
🏠 4. Cadastral & Land Registry Alignment
We cross-check:
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The cadastral record with the Land Registry
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Square meters, boundaries, and land classification
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That all buildings are legally registered
Inconsistencies may delay registration or trigger tax penalties.
💼 5. Seller’s Legal Capacity
We confirm:
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If the seller is an individual, company, or acting under Power of Attorney
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That the POA (if any) is valid and properly notarized
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That taxes (capital gains, plusvalía) are properly allocated in the contract
✅ We prepare legal documents accordingly to avoid future claims.
🔐 Why Foreign Buyers Need Independent Due Diligence
Common mistakes:
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Relying on agents for legal advice
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Skipping urban planning checks
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Paying a deposit without clear title
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Buying off-plan with no building license
✅ We don’t just check the documents — we verify them with authorities.
💬 Final Word
Legal due diligence in Marbella is not optional — it’s your protection against major legal and financial risks.
At Borderless Lawyers, we do a full investigation before you sign anything or send money.
📞 Contact us to start your safe Marbella property purchase with expert legal guidance.