Buying property in Spain can be exciting — but it also involves legal and financial risks. A qualified Spain real estate lawyer ensures your investment is protected, your contracts are secure, and that you avoid common traps foreign buyers often face.
Whether you’re buying a vacation home, relocating, or investing, this article will explain:
✅ What a Spanish real estate lawyer does
✅ How the property buying process works
✅ Risks to avoid in Spanish property law
✅ How we help foreign and local buyers
👩⚖️ What Does a Spain Real Estate Lawyer Do?
A real estate lawyer (abogado inmobiliario) in Spain:
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✅ Reviews or drafts purchase contracts
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✅ Conducts due diligence on the property
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✅ Verifies land registry and legal ownership
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✅ Checks for debts, liens, or planning violations
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✅ Manages the notary and signing process
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✅ Oversees tax calculations (ITP, VAT)
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✅ Coordinates with estate agents, banks, and notaries
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✅ Handles Power of Attorney for remote clients
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✅ Ensures full legal transfer of ownership
📌 Spanish notaries do not represent buyers. Only a private lawyer is fully on your side.
🧾 The Property Purchase Process in Spain (Step-by-Step)
Here’s how a property purchase typically works — and where your lawyer comes in:
1. 💬 Offer & Negotiation
You agree on a price with the seller, often through an estate agent. Your lawyer reviews the reservation or offer letter.
2. 🔍 Legal Checks & Due Diligence
Before any payment, your lawyer checks:
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Title and ownership
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Debts or encumbrances
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Building licenses
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Community rules
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Urban zoning compliance
👉 See our [Due Diligence in Spain article] for details.
3. ✍️ Contrato de Arras (Deposit Contract)
Once all checks are clear, a 10% deposit contract is signed. Your lawyer ensures all conditions are legal and fair.
4. 🧾 Final Signing at Notary
Your lawyer coordinates with the seller and notary to complete the public deed (escritura pública). Funds are transferred, and keys are handed over.
5. 🏛️ Registration & Taxes
After signing, your lawyer:
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Pays the property taxes (ITP or VAT + AJD)
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Registers the property at the Land Registry (Registro de la Propiedad)
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Updates cadastral records (Catastro)
⚠️ Common Legal Risks When Buying Property in Spain
Without legal guidance, buyers can face:
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🏚️ Properties sold with illegal extensions
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❌ Lack of building permits
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💰 Hidden debts or unpaid community fees
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🏛️ Unregistered owners or boundary disputes
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🧾 Overpaying due to unclear tax guidance
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⛔ Non-compliance with zoning laws
These issues can delay ownership, cause fines, or even lead to property loss.
🗝️ Why Foreign Buyers Especially Need a Lawyer
Foreign and non-resident buyers face extra challenges:
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Spanish bureaucracy and legal terms
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Language barriers
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Remote decision-making
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Not understanding tax or inheritance rules
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Misleading advice from agents with conflicts of interest
Your real estate lawyer acts only in your interest, not the seller’s or agent’s.
🧑💼 Power of Attorney: Buy Without Being in Spain
Don’t live in Spain full-time? We can act on your behalf.
With a simple Power of Attorney, your lawyer can:
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Sign contracts
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Pay taxes
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Register your property
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Open a Spanish bank account
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Even apply for a mortgage
Remote buyers love this option — it makes everything faster and more secure.
💶 Legal Fees for Property Lawyers in Spain
Typical real estate legal fees in Spain:
| Property Price | Legal Fee (approx.) |
|---|---|
| €100,000–€300,000 | €1,500–€2,500 + VAT |
| €300,000+ | ~0.5%–1% of property price |
✔️ Includes contract review, due diligence, notary coordination, tax handling, and more.
🏢 Borderless Lawyers: Trusted Real Estate Experts in Spain
At Borderless Lawyers, we’ve helped hundreds of clients buy property safely across:
📍 Madrid, Barcelona, Valencia, Málaga, Alicante, Seville and beyond.
✅ English-speaking lawyers
✅ Transparent flat-fee pricing
✅ Experts in due diligence, ITP/VAT, and conveyancing
✅ Full service for remote and expat buyers
📞 Ready to Buy Property in Spain with Legal Peace of Mind?
Let our real estate lawyers protect your investment — from the first offer to the final signature.