Spanish property lawyer: what they do and how to choose one

A Spanish property purchase always goes through a notary, so many buyers wonder whether they need a lawyer as well. The notary does real checks, but he acts for neither side, he signs at the very end, and he does not look at the reservation or deposit contract you signed weeks earlier. That gap is where a lawyer earns their fee. Choosing one well takes five minutes and one online search.

What the Spanish notary does and does not do

The notary is compulsory for the deed of sale and has to advise both parties impartially. Just before signing he:

• checks the Land Registry for the owner and any charges;
• requests information on unpaid IBI and warns the parties;
• asks for the community of owners' certificate of debts, which the buyer can only waive expressly.

What he does not do is act for you. He does not negotiate, he does not review the private deposit contract (arras) signed before, and he usually meets the parties for the first time on the day of signing. When the seller is a developer or other habitual seller, the buyer has the right to choose the notary. Holding the purchase money is voluntary for a Spanish notary, unlike in some other countries.

What a lawyer adds

• Before any deposit: checks on the registry, planning status, licences and debts, including a nota simple read properly.
• The deposit contract: the arras clause decides what you lose if you pull out and what the seller pays if they do.
• Taxes and deadlines: transfer tax, the 3% retention when the seller is non-resident and plusvalía.
• Signing for you with a power of attorney, if you cannot be there.

Check that your lawyer is a lawyer

In Spain only a practising member of a bar association may use the title "abogado". Membership of one bar is enough to work anywhere in Spain. Every practising lawyer is listed in the national census of the Spanish bar council, searchable online at censo.abogacia.es by name. If the name is not there, the person is not a Spanish lawyer, whatever the website says.

Giving property advice is not reserved to lawyers, so "legal adviser", "consultant" or "property lawyer" in English says nothing about qualification. Lawyers from other EU countries who practise in Spain under their home title may not call themselves abogado.

The referral question

Many buyers find their lawyer through the estate agent. That can work well, but ask one question in writing: does the agent receive anything for the referral? Under the Spanish lawyers' code of conduct, a lawyer may only pay a referral commission if the client is told. A lawyer paid by the side that earns on the sale going through is not the check you are paying for.

Can one lawyer act for buyer and seller?

In a non-litigious matter like a purchase, only with the written, informed consent of both, and the lawyer must withdraw as soon as an actual conflict arises. For a buyer who wants someone on their side, that is rarely a good idea.

Fees and insurance

• Fees are free to agree. Bar associations may not publish fee scales. A percentage of the price and a fixed fee are both common.
• Ask for an engagement letter. The lawyer must tell you the fees, by an engagement letter or an equivalent document. Get the scope in writing too: checks, contract, signing, tax filings and registration.
• Ask about insurance. For an individual Spanish lawyer, professional indemnity insurance is an ethical duty with no legal minimum amount. Asking for the policy is normal.

There is no cooling-off period on a property purchase in Spain: the consumer withdrawal right does not apply to buying property. Once the deposit is paid, the contract terms decide.

Questions we get

When should I instruct a lawyer?
Before paying any reservation fee or deposit. After that, the most important terms are already fixed.

Does the lawyer need my NIE?
You need it to sign at the notary and to pay the taxes. See buying property in Spain and the NIE.

What does buying cost in total?
See the cost of buying a house in Spain.

Why Buenaley?

Buenaley is a Spanish law firm working for international buyers. On a purchase there are two things we take off your hands, in this order.

The first is the NIE, without which you cannot sign. We arrange it through our NIE service, alongside the purchase.

The second is the purchase itself, on your side only.

• Written engagement letter with a fixed scope and fee
• Registry, planning and debt checks before any deposit
• Review and negotiation of the deposit contract
• Signing by power of attorney if you are abroad
• Taxes and registration after completion

Found a property? Send the listing before you pay anything, and you will hear what we would check. Or start with the NIE application.