Do You Need a Lawyer to Buy Property in Spain? | What Foreigners Should Know

Technically, no — but if you’re a foreign buyer in Spain, hiring a lawyer is strongly recommended.

Unlike in some countries, Spanish law does not require a lawyer for property transactions. However, the notary’s role is limited to validating the final deed — not to checking the legal background of the property or defending your interests.

For foreigners unfamiliar with Spanish real estate law, language, or local practices, a lawyer provides essential protection throughout the buying process.

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🧑‍⚖️ What Does a Property Lawyer Actually Do?

Here’s what an independent lawyer will handle for you when buying property in Spain:

✅ 1. Conduct Legal Due Diligence

• Confirms ownership and title

• Verifies there are no debts, mortgages, or liens

• Checks the zoning status and legality of the building

• Ensures licenses and permits are valid

✅ 2. Draft and Review Contracts

• Reviews or drafts the arras contract (deposit agreement)

• Ensures fair terms and penalties

• Reviews or prepares the Escritura Pública (deed of sale)

✅ 3. Manage Power of Attorney (if needed)

• Drafts the POA so you can buy remotely

• Represents you at the notary

• Opens a bank account and files taxes on your behalf

✅ 4. Handle All Post-Purchase Tasks

• Pays ITP or VAT and AJD

• Registers the property in the Land Registry and Cadastre

• Coordinates name changes with utility companies and the HOA

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⚠️ What Happens If You Don’t Use a Lawyer?

You risk:

• Buying a property with hidden debts or legal issues

• Getting locked into an unfair or unenforceable contract

• Discovering the home was built or renovated illegally

• Delays or fines for tax or registration errors

• Being scammed — especially with online listings or verbal promises

👉 Important: Neither the notary, the real estate agent, nor the seller’s lawyer is obligated to protect your interests. Only your independent lawyer will do that.

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🧾 Is the Notary Enough?

No. The notary ensures that:

• The deed is properly signed

• Required documents are present

• The act is legally binding

But the notary does not:

• Investigate debts

• Verify building permits

• Review the arras contract

• Negotiate on your behalf

🛑 Relying only on the notary is a common (and costly) mistake.

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💶 How Much Does a Property Lawyer Cost in Spain?

Legal fees vary depending on the complexity of the purchase, but most property lawyers charge:

Some lawyers offer all-inclusive fixed-fee packages for foreign buyers.

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🌍 Why It’s Even More Important for Foreign Buyers

Foreigners face more risks and challenges, such as:

• Language barriers

• No understanding of local tax rules

• Pressure from agents or developers

• Buying from abroad, unseen

✅ A lawyer can serve as your trusted representative in Spain — especially if you’re buying remotely or for the first time.

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🏁 Final Verdict: Yes, You Should Hire a Lawyer

While you are not legally obligated to hire a lawyer to buy property in Spain, doing so is strongly advised, especially if you’re not Spanish, not fluent, or not familiar with the system.

At Borderless Lawyers, we specialize in helping foreign buyers navigate:

• NIE and Power of Attorney

• Full due diligence

• Contract drafting

• Tax handling and property registration

📞 Contact our legal team to discuss your property purchase — and avoid costly mistakes.