Why You Need a Spanish Real Estate Lawyer When Buying Property in Spain

February 11, 2025

By David Bornstein

Buying property in Spain can mean the fulfillment of a dream, but the process can be complex—especially if you’re unfamiliar with how real estate transactions work here. In the U.S., buyers rely on escrow companies, title companies, and often real estate attorneys to ensure a smooth transaction. In Spain, however, the legal framework is different, and while some Spanish buyers may proceed without a lawyer, it is absolutely essential for foreign buyers to have one. Not because Spain is lawless, but because it is highly regulated, and you want to ensure the laws are followed correctly to protect your investment.

How Closings Work: U.S. vs. Spain

In the U.S., the closing process typically involves escrow and title companies. The escrow company holds funds until all conditions of the sale are met, ensuring a secure and structured transaction. Title companies verify the legal ownership of the property and issue title insurance, protecting against ownership disputes or hidden claims. In attorney-required states, real estate lawyers oversee the process to ensure compliance with legal requirements. While many Americans are familiar with this system, the Spanish process is different and requires a more hands-on legal approach to protect the buyer.

What a Notary Does—and What They Don’t Do

One common misconception is that a Spanish notary (“notario”) fulfills the same role as a U.S. title company or real estate attorney. In Spain, a notary is a public official who ensures the legal formalities of a real estate transaction are met. They confirm that the contract is properly structured and signed, that taxes are declared, and that the sale can be legally recorded. However, a notary does not conduct due diligence, verify property debts, or protect the buyer’s interests in the way a U.S. attorney or title company would.

What a Spanish Lawyer Does for You

Unlike a notary, a Spanish real estate lawyer works solely on your behalf, ensuring that your interests are protected throughout the purchase process. Here’s what they do:

• Due Diligence – Before you commit to a purchase, your lawyer will check the property’s legal status, ensuring there are no outstanding debts, encumbrances, zoning violations, or irregularities. Unlike in the U.S., where title insurance covers certain risks, in Spain, it’s your responsibility to verify these matters before signing.
• Contract Review and Negotiation – Your lawyer will ensure the deposit agreement and purchase contract reflect the terms you agreed upon, protecting you from unfair clauses or unexpected liabilities.
• Ensuring Proper Registration – They confirm that the property will be legally registered in your name after purchase, preventing ownership disputes down the line.
• Handling Funds Securely – While Spain doesn’t use escrow in the same way as the U.S., your lawyer will ensure that deposits and final payments are handled correctly and safely.
• Coordinating With the Notary – Your lawyer will review all notarial documents before you sign, making sure everything aligns with the agreements you’ve made and that no last-minute changes put you at risk.
• Navigating Tax and Legal Obligations – Your lawyer will inform you about the taxes and fees associated with your purchase, helping you avoid costly mistakes or penalties.

Why It’s Worth the Investment

Hiring a qualified Spanish real estate lawyer is an added cost, but it’s an investment in peace of mind. Fees for a real estate lawyer in Spain typically range from 1% to 1.5% of the property price (though flat fees may be available depending on the case). Given the potential risks—such as buying a property with debts attached, discovering legal issues after purchase, or facing unexpected tax liabilities—this is a small price to pay for ensuring your transaction is secure.

A Smooth Process With the Right Support

With the right lawyer, buying property in Spain can be straightforward and stress-free. The Spanish system is not designed to be difficult, but it does require expertise to navigate properly—especially for foreign buyers unfamiliar with local laws and procedures. The best lawyers ensure compliance with Spanish regulations, protect your investment, and guide you through the process seamlessly.

I work closely with experienced real estate lawyers who specialize in helping international buyers like you. If you’re considering a purchase, I can connect you with the right professionals to make your buying experience smooth, secure, and worry-free.