Buying Property in Malaga? Don’t Make These Legal Mistakes

Malaga is a top destination for foreign buyers, but many don’t realize that Spanish property laws are different — and trusting only your estate agent can cost you dearly.

Here’s how to avoid the most common legal errors when purchasing property in Malaga as a foreigner.

---

❌ Mistake 1: Signing an Arras Contract Too Soon

Many buyers sign a deposit contract (arras) before proper checks are done — and end up losing their money.

✅ Always hire a lawyer to:

• Review the nota simple

• Check debts and ownership

• Draft or review the contract

📌 Once you sign arras, it’s legally binding — and hard to undo.

---

❌ Mistake 2: Relying on the Seller’s or Agent’s Lawyer

Using the seller’s or agent’s lawyer may seem convenient — but it’s a clear conflict of interest.

✅ You need a lawyer who works for you, not both sides.

📌 Borderless Lawyers represents only buyers — in your language, with full transparency.

---

❌ Mistake 3: Not Checking Planning Permissions

Especially in villas and rural homes, parts of the property may be:

• Unlicensed

• Built illegally

• Outside the registered plan

✅ We check urban planning files and verify all legal construction permits.

---

❌ Mistake 4: Ignoring Debts and Utility Bills

Unpaid IBI tax, community fees, or electricity bills can transfer to the new owner.

✅ We demand clearance certificates before completion.

---

❌ Mistake 5: Using a Generic Power of Attorney

If you buy remotely, be cautious with POAs.

✅ We provide a custom Spanish POA for:

• Buying

• NIE

• Tax registration

• Utility setup

📌 Never give broad powers to agents or consultants.

---

❌ Mistake 6: Not Checking Rental Legality

Not all Malaga properties can be legally rented on Airbnb or Booking.com.

✅ We verify:

• Tourist rental licensing

• Community rules

• Local zoning laws

📌 Tourist licenses in Andalusia may be restricted in certain areas.

---

❌ Mistake 7: Not Making a Spanish Will

If you own property in Spain and pass away without a Spanish will, your heirs may face delays, taxes, and confusion.

✅ We draft a simple, valid Spanish will — in English and Spanish — that coexists with your home country’s will.

---

⚖️ Bonus: A Real Story of a Costly Mistake

A UK buyer trusted an agent and signed arras before checking the land registry. The seller turned out to be a partial heir without full authority to sell.

❌ Result:

• Buyer lost €15,000 deposit

• Deal collapsed

• Months of legal trouble followed

✅ Borderless Lawyers now handles all early contract reviews to prevent this.

---

📞 Avoid Regret — Buy in Malaga with Full Legal Protection

From contract review to closing, we guide foreign buyers step by step — in English, Dutch, French, German, or Swedish.