You have found the house. Now here is the question no one on the other side wants you to ask: whose interests does their lawyer actually serve? If the agent, the developer and the “recommended” solicitor are all paid only when you sign, you have a room full of people aligned against your right to say no.
The conflict of interest hiding in a smooth deal
A luxury purchase in Spain feels frictionless precisely because everyone around you is incentivised to keep it that way. The promoter’s legal team drafts the contract, the agency manages the timeline, and the notary — impartial, but not your advisor — simply witnesses what you agree to. None of them is paid to tell you the boundary is disputed, the licence is provisional, or the community has a special levy coming. Only a lawyer you instruct, and who answers to you alone, has that job.
What an independent lawyer does that no one else will
- Reads the contract against your interests to find the clauses that shift risk onto you.
- Verifies the property is legally what the brochure claims — registry, planning, licences, charges.
- Negotiates deposit terms and completion conditions so your money is protected if the deal fails.
- Confirms the tax and ownership structure before the notary, not after.
- Represents you at signing — by power of attorney if you cannot attend.
“But the developer already has lawyers”
Exactly. They have lawyers — for the developer. Their duty is to the party paying them to close, not to the buyer whose deposit is at stake. In a purchase over €1 million, an independent legal review costs a fraction of one month’s mortgage and is the only safeguard that exists purely for you.
CostaLuz Lawyers has represented foreign buyers in Spanish property since 2006, and we have recovered deposits for off-plan purchasers when developers failed to deliver. Before you sign anything, read our complete guide to buying property in Spain.
Tell us what you are facing
Email marialuisa@costaluzlawyers.es with a short description of your situation. We reply with the next step and who in the firm handles it. If your question turns on your own documents or figures, reviewing them is a separate, scoped service that we explain before any work starts.
Email your case → marialuisa@costaluzlawyers.es · Call: +34 919 499 342 · WhatsApp · Book the optional intro call
This article is general information and does not constitute legal advice — every property and every buyer’s situation requires individual analysis. Tax figures cited (ITP, IVA, AJD, non-resident retention) reflect rates in force in 2026; verify your specific position before acting. Reviewed by Maria de Castro, CEO at CostaLuz Lawyers (ICA Cádiz 2745).
Related reading
Marbella luxury purchase: why the seller’s lawyer is not yours →
Mallorca or the mainland? Get independent legal advice first →
For our complete guide to buying luxury property in Spain →
Frequently asked questions
Can the developer’s lawyer protect my interests as a buyer?
No. The developer’s lawyer acts for the developer. Even when helpful, they cannot represent both sides without a conflict of interest. Only an independent lawyer answerable solely to you protects the buyer’s position.
What does an independent lawyer check that the estate agent does not?
An independent lawyer verifies legal ownership, registered and unregistered charges, planning and licensing status, community obligations, tax structure and succession implications — the legal substance behind the sale, not just the commercial terms.
At what stage should I instruct an independent lawyer in Spain?
As early as possible — ideally before signing any reservation or private purchase contract or transferring a deposit. Reviewing the terms before you are committed is far more effective than trying to unwind a signed agreement.
New guide: buying property in Spain — a legal guide for French buyers →
Independence matters just as much on a luxury purchase — see why using the seller’s lawyer is a real conflict of interest.