A property lawyer in Spain works for you, not for the seller or the estate agent. The estate agent wants to close the sale, but your lawyer will focus only on your legal interests. From the moment you find a property, the estate agent may ask you to sign a reservation contract and pay a deposit. Without proper legal advice, you might make commitments that are not in your best interest. A lawyer can review the contract before you sign, adapt it to your needs, and ensure you have conditions in place such as a mortgage clause or a survey clause.
Spanish contracts are binding. If you fail to complete on time, you risk losing your deposit or being in breach. A lawyer explains these deadlines clearly so you understand your obligations.
Even more importantly, a lawyer will carry out searches and checks to confirm that the property is legal in its current form, has no outstanding debts, unpaid taxes, or charges. If the property has been extended with a swimming pool, garage, or terrace, they make sure it is legally registered in the deeds. If not, they negotiate with the seller to correct it or calculate what it will cost you to regularise it.
For many overseas buyers, the biggest advantage is the option to grant power of attorney. With this, your lawyer can sign contracts on your behalf, open a Spanish bank account, pay taxes, register the property in your name, set up direct debits for water, electricity, and local rates, and even arrange an insurance policy. This service allows you to complete the purchase without the need to travel back and forth.
The cost of hiring a property lawyer in Spain is usually around one percent of the purchase price. Some see this as an extra financial burden, but compared to the risk of buying a home with hidden debts or illegal extensions, it is minimal, and worth the peace of mind. A good lawyer can ensure your dream of owning a home in Spain does not turn into a legal or financial nightmare.
