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.
(A post inspired by a recent LinkedIn conversation started by John Uppard)
I’m writing this post following a LinkedIn conversation started by John Uppard. He opened a very timely discussion that many people engaged with: the real role and importance of an independent buyer’s lawyer in Spain, and the most frequent confusions and mistakes foreign buyers make when they purchase here coming from a different legal system.
Spain is a civil law jurisdiction with its own logic, and a safe purchase usually depends on getting the right professional doing the right job at the right time.
If you want a simple overview of the full process, here is our guide: Buying Property in Spain – Guide to Property Purchase.
Buyer | | instructs v Independent buyer’s lawyer (abogado) – due diligence (title, debts, planning/licences, community issues) – contract negotiation (arras, private contract, developer clauses) – completion coordination (notary, taxes, registration) | | attends for completion v Notary (notario) – authorises the deed (public official, formal legality) | | registers ownership/charges v Land Registry (Registro de la Propiedad)The top mistakes (and the fix)
1) “The notary will check everything”
The notary’s role is not buyer-side protection. If nobody is running buyer-focused due diligence, issues can surface too late.
Fix: instruct an independent lawyer early, ideally before you reserve or sign arras. This is what conveyancing should cover: Conveyancing Services in Spain.
2) Signing a reservation or arras contract too early
In Spain, arras is not a simple deposit. Poor drafting can be expensive, even if the deal collapses for good reasons.
Fix: contract review and negotiation before any meaningful payment.
3) Using the developer or agent’s recommended lawyer
Even when everyone is well-intentioned, the buyer can end up without true independence.
Fix: choose a lawyer who acts only for the buyer.
4) Treating the contract as “the whole transaction”
In Spain, the contract is just one piece. What matters just as much is Registry reality, planning/licences, hidden debts, and use restrictions.
Fix: lawyer-led due diligence that covers title, debts, and planning. For planning risk, this is a useful read: Why an Urban Planning Report is Essential When Buying Property in Spain.
5) Buying with a rental plan but skipping rental compliance checks
Tourist rentals and seasonal lets are increasingly regulated at regional, municipal and building level.
Fix: check licence feasibility, zoning/caps, and community bylaws before you commit. Start here: Due Diligence for Tourist Rentals in Andalusia: 5 Documents.
Off-plan purchases: why you need an off-plan specialist lawyer
Off-plan purchases have a different risk profile. You are paying for something that is not delivered yet, so your protections depend heavily on the contract structure, how payments are made, and whether deposit protection is correctly issued.
Cost allocation under Spanish law: Article 1455 of the Spanish Civil Code establishes that the costs of granting the public deed (escritura) are borne by the seller, and those of the first and subsequent copies by the buyer, unless otherwise agreed. Other costs (plusvalia tax, estate agent fees, etc.) depend on the applicable law and the specific agreement between the parties.
A specialist off-plan lawyer focuses on:
- stage payments aligned to real construction and legal milestones
- deposit protection (bank guarantees/insurance) verified before payments
- strong delivery terms, delay remedies, and clear long-stop dates
- specifications and marketing promises translated into enforceable clauses
- completion readiness (licences/certificates, registration, snagging strategy)
If you are buying off-plan, start with our full guide: Buying Off-Plan Property in Spain – Complete Legal Guide.
Q&A (quick answers buyers actually need)
Q: Do I need a lawyer if there is a notary?
Yes. The notary authorises the deed and ensures formal legality. Your lawyer protects your interests and manages risk.
Q: When should I instruct a lawyer?
Before reservation and definitely before signing arras or paying deposits.
Q: Can my lawyer back home do this instead?
They can support, but Spanish property due diligence and completion require Spanish legal checks, local procedure, and local risk mapping.
Q: What is the single most expensive mistake?
Signing and paying early, before due diligence has been done.
CTA
If you are buying in Spain (resale or off-plan) and want a clear, buyer-only legal roadmap, contact us and share your listing or draft contract: Contact CostaLuz Lawyers.
About CostaLuz Lawyers and María de Castro
You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.
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.
Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
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.
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