The Day We Almost Bought the Wrong Property in Spain
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Legal due diligence before buying in Marbella can reveal debts, illegal builds, and community arrears - what your lawyer checks and why it matters.
We had found the property. We were ready to go. We had seen it three times, we loved it, the seller had accepted our offer, and we had paid a small reservation fee to take it off the market. Then our lawyer called. There was a problem with the title. We were very glad we had appointed an independent lawyer before signing anything else.
What Legal Due Diligence Actually Involves
When you appoint a Spanish property lawyer to act for you, one of the most important things they do is investigate the legal status of the property before you commit to buying it. This process typically takes 4 to 6 weeks after you have agreed a price and paid a reservation fee. It is not optional and it is not a formality.
Your lawyer will check: who legally owns the property and whether the seller has the right to sell it; whether there are any mortgages, charges, or debts registered against it; whether community fee payments are up to date; whether the property has building licences for everything that has been built; whether there are any planning or legal issues; and whether the property boundaries match what is registered.
What We Found
In our case, the issue was with the escritura. There was a discrepancy between the registered description of the property and what was actually on the land, relating to an extension that had been built. The seller was not aware this was a problem. The agent was not aware. We would not have been aware. Our lawyer found it, flagged it, and we paused the purchase while it was resolved.
Common Issues Lawyers Find on the Costa del Sol
Not every due diligence issue is as complex as ours. Common issues that lawyers flag when buying property in Marbella, Estepona, Benahavís, Mijas, and across the Costa del Sol include: outstanding community fees owed by the seller (which transfer to the buyer in Spanish law), illegal extensions built without planning permission, properties still registered in the name of a deceased previous owner, and debts or mortgages registered against the property that the seller has not disclosed.
None of these automatically kill a purchase. Some are resolvable. Some require price renegotiation. Your lawyer advises you on each one. The buyers who get into trouble are the ones who rush the legal stage because they are worried about losing the property. PlanMarbella.com includes due diligence guidance as part of your free buying plan.
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Check if it's still free - PlanMarbella.comFrequently Asked Questions
What is legal due diligence when buying property in Spain?
Legal due diligence is your lawyer's investigation of the property's legal status before you complete. They check title ownership, registered debts and charges, planning permissions, building licences, community fee arrears, and boundary accuracy. It typically takes 4 to 6 weeks and is essential for every property purchase in Spain.
What happens if problems are found during due diligence in Spain?
It depends on the issue. Minor problems can often be resolved before completion. More serious issues may require price renegotiation, a delay in completion, or pulling out of the purchase. Your lawyer advises you on every finding.
Do community fee debts transfer to the buyer in Spain?
Yes, in Spanish law, outstanding community fees can transfer to the new owner. Your lawyer will request a certificate from the community of owners confirming no debts exist as part of due diligence.
Can I do my own due diligence when buying property in Spain?
No, not effectively. Due diligence requires access to the Spanish Land Registry, the Cadastre, local planning records, and community accounts. Your independent property lawyer handles all of this.