Legal Due Diligence & Conveyancing in Palma – What Foreign Buyers Must Check

What Is Conveyancing in Spain?

Conveyancing refers to the legal process of transferring property ownership from the seller to the buyer. In Spain, this process is not automatically handled by a solicitor, so foreign buyers must appoint their own independent lawyer.

Borderless Lawyers provides fully bilingual conveyancing services in Palma — in person or remotely.


⚠️ Why Legal Due Diligence Is Crucial

Many buyers assume that if a property looks good, it must be legally safe — but that’s a dangerous assumption in Spain. Palma properties often carry risks such as:

  • 🧱 Illegal extensions or unlicensed works

  • 📉 Misrepresented square meters or boundaries

  • 🔗 Undisclosed debts or liens

  • 🏗️ Unclear urban planning classification

  • 🧾 Tax or community fee arrears

✅ Due diligence helps ensure you’re buying what you think you’re buying — with no hidden liabilities.


📑 Full Due Diligence Checklist in Palma

What We Check Why It Matters
Title Deed (Escritura Pública) Confirms the seller is the legal owner
Land Registry (Nota Simple) Reveals charges, mortgages, liens
Catastro Record Verifies square meters, zoning use
Urban Planning Certificate Confirms construction legality and buildability
Licenses & Permits Required for renovations or pool use
Community of Owners Debts Buyer inherits unpaid fees
IBI & Local Taxes Ensures no outstanding tax debt
Energy Certificate Legally required for sale
Occupancy Certificate (Cédula de Habitabilidad) Verifies habitability

💼 We liaise with the Balearic government, local municipalities, and registries on your behalf.


✍️ Reviewing the Arras Contract

The arras contract is the preliminary agreement that locks in the deal — but it’s also legally binding, and poorly drafted versions often favor the seller.

We:

  • Draft or revise the contract

  • Ensure fair deposit conditions (typically 10%)

  • Include financing or due diligence clauses

  • Prevent legal traps that could cost you thousands


🖋️ Notary Day & Escritura Signing

At the notary, you (or your lawyer via Power of Attorney) will sign the final deed of sale. Before that:

  • We verify all terms and payments

  • Arrange translations and certifications

  • Ensure mortgage (if any) is cleared

  • Secure full compliance with Spanish and Balearic law

✅ Once signed and paid, the property becomes legally yours.


🏛️ Property Registration & Cadastre Update

After the notary appointment, we:

  • File the escritura with the Land Registry

  • Update the Catastro records

  • Notify the tax office (ATIB) and pay applicable taxes

  • Deliver a full digital legal file with all confirmations


🌍 Can I Do It All Remotely?

Yes. Most foreign buyers complete the process without visiting Spain by granting us Power of Attorney.

We manage:

  • NIE application

  • Bank account coordination

  • Full due diligence & contract review

  • Notary representation

  • Registration, taxes, and utility setup

🛡️ 100% legal and secure. Trusted by international clients worldwide.


🧑‍⚖️ Why Work with Borderless Lawyers in Palma?

  • Independent buyer-side legal representation

  • Bilingual team with expertise in Mallorca property

  • Remote-friendly legal process

  • Transparent fees — no surprise costs

  • We protect your rights, time, and investment


📞 Ready to Start the Legal Process?

Let our legal team in Palma de Mallorca make your purchase stress-free, secure, and fully compliant.

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