Marbella is one of the most desirable property markets in Europe. But with high demand, complex planning history, and legal formalities, foreign buyers often fall into costly traps.
At Borderless Lawyers, we help international clients avoid the most common legal, tax, and strategic mistakes when buying in Marbella — whether you’re purchasing a home or investment property.
❌ Mistake 1: Relying on the Real Estate Agent for Legal Advice
Many agents are helpful — but they work for the seller or for commission. They are not lawyers, and:
-
May downplay legal risks
-
Recommend “standard” contracts
-
Push deals before due diligence is done
✅ Always use an independent lawyer to represent your interests only.
❌ Mistake 2: Skipping Due Diligence
Foreign buyers often:
-
Sign deposit contracts before checking ownership or debts
-
Don’t verify building legality or urban planning status
-
Don’t confirm who really owns the property
✅ We perform full legal due diligence before you pay anything.
❌ Mistake 3: Signing an Unfavorable Contrato de Arras
The arras contract is legally binding — yet many buyers:
-
Use generic templates
-
Agree to penalties they don’t understand
-
Send money directly to sellers without safeguards
✅ We draft and negotiate fair, legally solid arras agreements.
❌ Mistake 4: Using a Lawyer Recommended by the Seller or Agent
This creates a conflict of interest. Your lawyer should:
-
Work for you only
-
Be independent from the agent, seller, or developer
-
Refuse any commission or hidden referral deal
✅ Borderless Lawyers is 100% buyer-side legal representation.
❌ Mistake 5: Not Using Power of Attorney
Many buyers try to fly in for every step, leading to:
-
Delays
-
Missed notary appointments
-
Inability to react to urgent issues
✅ With Power of Attorney, we handle everything — NIE, bank account, contracts, signing, taxes — on your behalf.
❌ Mistake 6: Misunderstanding Taxes and Costs
Common tax mistakes include:
-
Forgetting to budget for 7–11% in taxes and fees
-
Not paying ITP, VAT, or Plusvalía correctly
-
Registering incorrectly and triggering future fines
✅ We give a full tax estimate upfront and file everything legally.
❌ Mistake 7: Not Registering the Property Properly
Failure to:
-
Register in the Land Registry
-
Update the Cadastre
-
Inform local authorities and utility providers
…can result in legal, tax, and ownership issues.
✅ We handle full registration and post-purchase steps.
💬 Final Word
The mistakes foreign buyers make in Marbella are avoidable — but only if you have the right legal team from the start.
At Borderless Lawyers, we help you:
-
Buy safely
-
Avoid costly traps
-
Comply with Spanish law
-
Close the deal stress-free
📞 Contact us today to buy property in Marbella with complete legal confidence — from anywhere in the world.