Málaga is a top destination for foreign buyers — but behind the sunshine and great properties are serious legal traps that catch hundreds of investors each year. Many mistakes are easily avoidable with the right legal support.
At Borderless Lawyers, we help clients avoid costly errors and buy with confidence.
🚫 Mistake 1: Skipping Legal Due Diligence
Many buyers assume the notary checks everything. That’s false.
❌ Risks:
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Buying a home with unpaid debts
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Illegal construction or zoning issues
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Property listed incorrectly in Land Registry
✅ Solution: Always have a lawyer do full due diligence before signing.
🧾 Mistake 2: Signing the Arras Contract Without Review
Real estate agents often push quick contracts — but many use templates that favor the seller.
❌ Risks:
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Losing your deposit
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No protection if legal issues arise
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Unclear terms about completion dates or conditions
✅ Solution: Have your lawyer draft or revise the arras contract.
🛫 Mistake 3: Believing You Must Be in Spain
You can legally buy property in Málaga remotely with Power of Attorney.
❌ Risks of traveling unnecessarily:
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Wasted time and money
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Rushed decisions
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Signing without full information
✅ Solution: Use a lawyer with POA to handle everything on your behalf.
💸 Mistake 4: Underestimating Total Costs
Foreign buyers often forget to account for:
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ITP or VAT
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Notary, registry, and legal fees
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POA and NIE costs
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Annual IBI tax and community fees
✅ Solution: Ask for a full cost estimate before making any deposit.
🧠 Mistake 5: Trusting Agents Without Legal Backing
Some agents prioritize speed — not legal safety.
❌ Risks:
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Pressure to commit before checks
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Biased contracts
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Incomplete or misleading property descriptions
✅ Solution: Only sign documents after your independent lawyer reviews them.
💼 Mistake 6: Not Registering the Property Properly
The property isn’t fully yours until it’s registered.
❌ Risks:
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Legal disputes
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No mortgage, resale, or official status
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Exposure to previous owner’s debts
✅ Solution: Let your lawyer handle tax payments and Land Registry filings.
💬 Final Word
Buying property in Málaga can be smooth and rewarding — but only if you avoid common mistakes. The cost of bad advice or skipped steps is far higher than proper legal support.
At Borderless Lawyers, we protect foreign buyers at every stage — from NIE to keys. No shortcuts. No surprises.
📞 Contact us now for a free consultation before your Málaga property purchase.