Using the seller’s lawyer to save time or money is one of the most common ways foreign buyers end up unprotected in a Spanish property purchase.
Why one lawyer cannot serve two sides
A lawyer’s duty is to their client’s interests. In a property sale, the seller and the buyer want different things: the seller wants the highest price, a fast completion, and minimal disclosure obligations. The buyer wants a fair price given any problems found, full disclosure of debts or defects, and enough time to check everything properly. One lawyer cannot argue both positions at once — whichever side pays them, the other side’s interests inevitably come second.
What gets missed when there is no independent check
An independent buyer’s lawyer checks the Land Registry extract for ownership and any charges or embargoes, confirms there are no outstanding community fee debts attached to the property, verifies the planning and licence status, and reviews the purchase contract’s terms specifically from the buyer’s side. When the seller’s lawyer is doing double duty, these checks are either skipped or done in a way that favours the seller’s position.
The developer’s lawyer is the same problem in a different form
For an off-plan purchase, developers sometimes suggest “their” lawyer to handle the paperwork. That lawyer typically has an ongoing commercial relationship with the developer — referral fees, repeat business, or both — which is the same conflict of interest as using the seller’s own lawyer directly, just less obvious.
The cost of skipping independent representation
Buyers sometimes try to save the legal fee by sharing representation, but an independent lawyer is one of the cheaper safeguards in the entire purchase relative to what a missed debt, an undisclosed defect, or an unfavourable contract clause can cost afterwards.
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Frequently Asked Questions
Can the seller’s lawyer also represent me as the buyer?
Legally it can happen, but it is not in your interest to allow it. A lawyer acting for both sides in the same transaction cannot fully advocate for either one — their duty of loyalty is compromised the moment two clients’ interests diverge, which they usually do in a property sale.
Where do a buyer’s and seller’s interests actually conflict?
The seller wants the highest price, the fastest completion and the fewest disclosure obligations. The buyer wants a lower price if problems turn up, full disclosure of any debts or defects, and enough time to complete due diligence properly. A single lawyer cannot push hard for both positions at once.
What does an independent buyer’s lawyer actually check?
Land Registry extract (nota simple) for ownership and charges, outstanding debts or embargoes on the property, community fee arrears, planning and licence status, and the terms of the purchase contract itself — all from the buyer’s side, without the seller’s lawyer softening any of it.
Is it ever acceptable to share a lawyer with the seller?
It is common for buyer and seller to use the same estate agent, but sharing a lawyer removes the one professional whose only job is to protect your side of the transaction. Even where costs are a concern, an independent buyer’s lawyer is one of the cheaper ways to avoid an expensive mistake.
Does the developer’s recommended lawyer count as independent for an off-plan purchase?
No — a lawyer recommended and often paid a referral by the developer has an existing commercial relationship with the seller’s side, which is the same conflict of interest in a different form. An independent lawyer of your own choosing has no relationship with the seller or developer.
This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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