Marbella is a magnet for international buyers — sunny weather, luxury homes, coastal living. But it also has:
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A history of urban planning scandals
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Thousands of homes built without full permits
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Misleading property listings
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Foreigners unaware of Spanish legal obligations
Many buyers rush in — and pay for it later. Let’s prevent that.
🚩 1. Not Doing Legal Due Diligence
Skipping legal checks can lead to:
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Buying a home that’s not legally registered
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Unknown debts or embargoes
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Illegal builds or zoning violations
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Title disputes
✅ Always use a local, independent lawyer — not the seller’s agent or lawyer.
🧾 2. Signing an Arras Contract Without Legal Review
Arras contracts are legally binding — if you sign without understanding the penalties, you could:
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Lose your deposit
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Be forced to buy a property you can’t legally own
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Miss key protections like “subject to financing” clauses
💡 Always have your lawyer draft or review the arras before signing.
🏗️ 3. Overlooking Planning & Zoning Irregularities
Marbella has complex planning laws. Common issues include:
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Villas built on rustic (non-urban) land
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Properties without first occupation licenses
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Illegal pools, extensions, or terraces
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Homes in protected coastal zones
✅ Our urban planning check ensures PGOU compliance and license verification.
🧑⚖️ 4. Trusting the Agent Instead of a Lawyer
Real estate agents often push for fast deals — but:
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Their duty is to the seller, not to you
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They rarely explain legal risks
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They may downplay missing documents or taxes
Your lawyer works only for you — no commissions, no bias.
💶 5. Underestimating Total Costs
Many foreign buyers don’t factor in:
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7% ITP transfer tax (or 10% VAT on new builds)
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Notary, land registry, and legal fees
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Annual non-resident taxes (IBI, imputed income tax)
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Community and maintenance fees
We provide a full cost estimate before you commit.
✈️ 6. Trying to Buy Without Legal Representation Abroad
If you can’t travel to Spain:
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Don’t rely on a friend or agent
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Use a Power of Attorney with a lawyer you trust
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Ensure someone manages your NIE, contracts, tax, and registry work
💼 Borderless Lawyers handles 100% remote purchases for clients worldwide.
🏦 7. Not Securing Finances First
If you’re relying on a mortgage:
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Get a pre-approval before signing
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Make sure your arras contract has a financing clause
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Confirm the lender will accept the property
We liaise with Spanish banks to help prepare your file in advance.
🛡️ How Borderless Lawyers Helps You Avoid Mistakes
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Independent, bilingual legal team based in Marbella
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Full due diligence and property checks
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Arras contract drafting and negotiation
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Urban planning compliance verification
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Remote purchase via POA
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Step-by-step guidance through the entire process
📞 Buying Property in Marbella?
Don’t make costly mistakes. Let us protect your investment from start to finish with full legal clarity and peace of mind.