How to Find a Property Lawyer in Spain
PlanMarbella
How to find and appoint an independent Spanish property lawyer - what to ask, typical fees, and why you should not use the estate agent's recommendation.
Our lawyer was genuinely the best decision we made in the whole process. She told us things we needed to hear, caught things we would have missed, and was calm when we were absolutely not. But finding her took some effort, and I made some wrong turns along the way. Here is what we looked for, and what I wish I'd known earlier.
Why You Need an Independent Lawyer (Not the Agent's)
Spanish property law does not require you to use a lawyer to complete a purchase. But for any foreign buyer, appointing one is non-negotiable if you want to be protected.
Your lawyer does four things nothing else in the process does:
Legal due diligence on the property. They obtain the property's land registry entry and check for debts, mortgages, liens, or encumbrances registered against it. They verify the property is legally built and properly permitted. They check community fee arrears. None of this is visible on a viewing, and none of it is something the estate agent is checking on your behalf.
Contract review before you sign. The arras contract (private purchase contract) is the document that locks you in. Sign it without independent review and you have committed to a purchase without understanding what you've agreed to. Your lawyer reads and negotiates this contract for you before you put pen to paper.
Tax and compliance advice. Your lawyer advises on the tax implications of the purchase structure, ensures tax payments are filed correctly, and handles the post-completion administrative steps.
Representation at the notary. On completion day, your lawyer attends the notary with you, reviews the public deed, and ensures everything matches what was agreed.
The estate agent is paid by the seller. Their recommended lawyer may have a referral arrangement with the agency. Both of these facts are relevant when deciding who to trust with your legal protection.
What to Look for in a Spanish Property Lawyer
Not all lawyers are equal. When choosing yours, look for:
Specialisation in property law. A generalist Spanish lawyer is not the right person for a property purchase. You want someone whose practice is built around conveyancing and property transactions for foreign buyers.
Bilingual in English and Spanish. Every document in the process is in Spanish. Your lawyer needs to translate, explain, and advise in plain English.
Registered with the local bar association. Check they are registered with the Colegio de Abogados de Malaga (for purchases in Marbella, Estepona, Benahavís, Mijas and across the Costa del Sol).
Experience with foreign buyers specifically. The process for non-resident buyers has specific requirements around NIE, bank accounts, and tax compliance that a lawyer experienced only with Spanish nationals may not handle as smoothly.
References you can check. Ask for the names of past clients you can contact. A good lawyer will have them.
When to Appoint a Lawyer
Before you sign anything. Ideally before you find the property you want to buy.
The sequence that works: research and appoint a lawyer while you are still in the browsing phase. When you find a property, you can move quickly because your lawyer is already in place and can start due diligence immediately. If you wait until after you've found the property, you're rushing a decision that shouldn't be rushed. This matters for buying property in Marbella and the whole Costa del Sol, where good properties can attract multiple interested buyers.
PlanMarbella.com includes guidance on finding and appointing an independent lawyer as part of your free buying plan, with the right questions to ask before you appoint anyone.
Free for the first 500 - Hurry
Stop managing your purchase from scattered emails.
PlanMarbella walks you through all 15 steps of buying property on the Costa del Sol in order, personalised to your situation. Chat to an AI assistant that understands the local laws, taxes and paperwork. Share your plan with your partner or PA.
Check if it's still free - PlanMarbella.comFrequently Asked Questions
Do I need a lawyer to buy property in Spain?
Yes - every foreign buyer should appoint an independent Spanish property lawyer. Without one, you have no legal protection on the most significant financial transaction of your life.
How much does a property lawyer cost in Spain?
Typically around 1% of the purchase price plus IVA (21% VAT). On a €500,000 property, approximately €6,050.
Should I use the estate agent's recommended lawyer?
No. Your lawyer must be independent - no connection to the agent, seller, or developer.
How do I find a good property lawyer in Marbella?
Look for a property specialist (not a generalist), bilingual in English and Spanish, registered with the local bar association, with verifiable experience with foreign buyers and references you can check.