Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
This post is based on a real off-plan purchase situation we handled last week — and it highlights how access to independent legal professionals online is quietly reshaping the way foreign buyers approach property in Spain, often protecting them from costly mistakes.
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A client began the process in the most common way: by choosing a real estate agent first. The agent showed her off-plan options from developers he already worked with. This is standard practice in Spain and not inherently problematic. The issue arose in the next step — the agent also recommended the lawyer.
Very quickly, the client sensed something was off.
The legal review appeared acceptable on the surface, but there was little depth or rigor in the due diligence. Key issues were either glossed over or not analysed at all: off-plan contractual milestones, penalties for delays, bank guarantees, developer exposure, and exit risk. For an off-plan purchase, this lack of scrutiny is a red flag.
Rather than continuing by inertia, the client made a deliberate decision. She went online and searched specifically for an independent lawyer specialising in off-plan purchases in Spain. Her goal was clear: remove conflicts of interest and obtain objective legal advice.
That is when she contacted us.
Once we reviewed her situation and investment objectives, we did not place her back into a closed recommendation loop. Instead, we proposed a strategy-first approach. Only after defining legal risk tolerance, timelines, and return expectations did we introduce a trusted agent, with one essential condition: the property search had to be open and independent, not limited to a small group of developers.
The focus shifted from “what is available” to what makes sense, supported by a deeper and genuinely independent ROI and risk analysis.
This reflects a broader change in buyer behaviour:
The traditional path:
Agent → Developer → Lawyer recommended by the agent → Purchase
The emerging path:
Informed buyer → Independent lawyer → Legal & investment framework → Open market search → Purchase
The internet has democratised something fundamental: access to independence. Today, foreign buyers are no longer forced to accept a pre-packaged chain of recommendations. They can choose their advisors first — and structure the transaction around their own interests, not someone else’s.
In off-plan purchases especially, the difference between “everything seems fine” and “everything is legally sound” is not a minor detail. It is the quality and independence of the legal advice.
Independence is not a luxury in Spanish property transactions.
It is a form of protection.
If you are considering buying property in Spain, ask yourself one simple question:
Who chose whom in your chain of recommendations?
Call to Action
If you’re considering an off-plan purchase in Spain and want to avoid conflicts of interest, start by choosing your independent legal advisor first.
At Costaluzlawyers, we help foreign buyers structure the transaction with a clear risk and ROI framework, and we can connect you with trusted professionals without pushing you toward any developer.
Want an independent second opinion before you sign anything?
Send us a message with:
- the reservation contract (or draft)
- the developer name and project
- your timeline and goals (home vs. investment)
…and we’ll tell you what we would check, what the red flags are, and what your safest next step should be.
Reviewed by María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has supported international buyers since 2006 on EyeonSpain with guidance and advice on the legal aspects of life in Spain. Included in the lawyers lists of the UK and Ireland embassies. Updated 22 Nov 2025.
María Luisa de Castro’s work, founder of CostaLuz Lawyers, is backed by a strong presence in specialist media and professional directories. Her track record as a Property Law and Consumer Real Estate Law (Derecho de Consumo Inmobiliario) specialist can be seen in her guides for international audiences on Expatra, in her long-running blogs on Spanish off-plan protection and Ley 57/1968 on EyeOnSpain , in her legal analysis for Confilegal and Legal Today, and in her contributions for the Spanish Bar Council (Consejo General de la Abogacía Española) and the Centre for Consumer Studies at the University of Castilla-La Mancha.
Her work is also profiled on international retirement and expat platforms such as Retirement Abroad, and has been highlighted by expat media including The Olive Press News Spain and The Local Spain among other specialist expat and legal forums.
Her legal work has also been featured or referenced in respected international and Spanish media, including The Telegraph, The Times, the BBC, El País and El País English, The Local Spain, The Olive Press and other reputable outlets, particularly in connection with landmark court rulings on Ley 57/1968 and Spanish consumer protection.
CostaLuz Lawyers is also included in the official lists of English-speaking legal professionals for British and Irish nationals in Spain, as compiled by the UK government’s “Spain: list of lawyers” and by the Embassy of Ireland in Spain and its honorary consular network.
For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
Off-plan purchase gone wrong?
We recover deposits on delayed or failed off-plan purchases under Ley 57/1968. Bilingual help across southern Spain since 2006.
Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
Quick Answer — Recovering Off-Plan Deposits in Spain
For more than 20 years, CostaLuz Lawyers has specialised in off-plan property litigation and the recovery of buyers’ deposits.
We have acted in over 620 successful claims against Spanish banks and developers and have followed the evolution of the law from Ley 57/1968 through the landmark Supreme Court judgments and the later reforms introduced by Law 20/2015 and the Building Act (LOE).
Our team understands not only the legislation itself but also the judicial interpretation, procedural challenges, unresolved legal issues, and developing case law that continue to shape this area of Spanish property law.
Where a developer fails to complete a property, becomes insolvent, or fails to provide the required guarantees, buyers may still have strong claims against developers, guarantor banks, insurance companies, or the banks that received their deposits.
This is general information and does not constitute definitive legal advice. Each case requires individual analysis.
The same conflict applies to an off-plan purchase — see why the seller’s lawyer cannot represent your side too.