The Worst Advice We Got Buying Property in Marbella

The number of people who gave us confident, wrong advice while we were going through this was genuinely impressive. Well-meaning people, every single one of them. Friends who'd been to Marbella on holiday. Colleagues who'd considered buying in Spain and done a bit of research. The estate agent, who was very helpful. The Facebook group, which was very confident.

Not all of it was right. Some of it was significantly wrong. Here is the advice that nearly cost us, and what to do instead.

"You Don't Need a Lawyer. Just Use the Notary."

The notary is a public official who authenticates Spanish property transactions. They verify the legal identity of the parties and the validity of the deed. They are not your legal representative.

The notary does not conduct due diligence on the property on your behalf. They do not check whether there are debts registered against it, whether extensions were built with permission, or whether the seller has the legal right to sell what they're selling. They do not advise you on whether the contract terms are in your favour.

The advice that you can rely on the notary instead of a lawyer is incorrect and can be expensive. A notarised transaction with an undisclosed debt on the property is still a transaction with an undisclosed debt. The notary stamp doesn't make it safe.

"Use Our Lawyer. They're Excellent."

Estate agents in Spain are paid by the seller. Some have referral arrangements with law firms: the lawyer sends business to the agent, the agent recommends the lawyer to buyers, and both benefit from the relationship.

An excellent lawyer is only excellent for you if they work solely for you, with no financial relationship with the agent, the seller, or the developer.

The agent's recommended lawyer may be genuinely good. They may also be a conflict of interest you'd rather not discover after you've signed the arras. Appoint your own. This is the rule for buying property in Marbella, Estepona, Benahavís, Fuengirola, or anywhere else on the Costa del Sol.

"It's Straightforward. It Won't Take Long."

This advice comes from agents and from well-meaning friends who either went through the process without properly understanding it, or who bought several years ago and remember it as simpler than it was.

The Spanish property purchase process has 15 required steps. It involves getting a NIE, opening a Spanish bank account, appointing a lawyer, conducting full due diligence, signing two contracts, arranging funds, and completing at the notary. It takes 3 to 6 months for most buyers.

"Straightforward" is accurate in the sense that none of the individual steps are impossible. "Simple" is not. The process is more involved than most buyers from the UK expect.

"The Tax Won't Be That Much"

On a resale property in Andalusia: 7 per cent ITP, plus notary, plus land registry, plus lawyer fees. Total: 10 to 14 per cent on top of the purchase price.

On a €500,000 property, that is €50,000 to €70,000 before you've bought a single piece of furniture.

Nobody mentions this unless you ask. Ask upfront, budget for it from day one, and don't let anyone tell you it won't be that much until you've seen the actual numbers for your specific property.

Who to Actually Trust

For legal questions: your independent Spanish property lawyer. For tax questions: a Spanish tax adviser or your lawyer. For process questions: up-to-date buyer resources from verified sources. For FX: a specialist currency broker.

The agent is excellent at finding you properties and managing the sale process. That is their job. Everything else needs a different professional.

PlanMarbella.com gives you a free, structured buying plan based on verified information, not advice from people who went through this five years ago. Free at planmarbella.com. Manage it solo, or share the plan with your partner or PA - delegate any step and keep everyone aligned.