BUYING PROPERTY IN SPAIN: HOW TO AVOID LEGAL PROBLEMS

Yes, investing in property in a foreign country requires some preparation. Considering a few questions ahead of time helps to avoid legal errors. The objective is to identify responsibilities ahead of time, avoid being disappointed by delayed justice, to keep moving forward with your dreams, and to enjoy life. 

When you arrive in this country, it is important not to assume that, even though we are part of the European Union, our legal system functions the same as in your home country. This is common sense and should be taken by all travelers. 

However, in the specific context of investors coming to Spain to purchase property, the purchaser must successfully navigate the following agents: the seller, realtors, promoters, city halls, property registrar, banks and notaries. Even when each part is undertaken in good faith, this process may prove delicate, if not outright difficult. 

Here is some advice on identifying when an agent is exhibiting deceptive behavior and protecting your investment.  

1. A realtor must guarantee that the plot of land that is for sale may be developed for residential use vs. rural or non-developable land.
2. What evidence is there that the land has (or will have) access to the municipal or city urban plan? Or, is the project contrary to urban planning regulations?
3. How do I ensure that I will get a legal construction license in order to execute the project in the provided time? 
4. When you see a desirable area that has not yet been developed, usually it is for a reason. Start asking why to find out what is missing. Double-check everything with the city hall confirming that the area is correctly zoned for uni-familiar, residential development, and utilities. Use the above points as a guide. 
5. If you see any misleading behaviors from agents, contractors, or city halls stay vigilant. The next step is to review the contract where down payments and formal legal agreements are made. 
6. In the contract, it must be specified that any down payment that is made must specifically be used for the project at hand. 
7. Stay sober and focused. Spain won’t run out of beer. Prior to finalizing a sale of contract, all of these points demand transparency.

These are just a few pieces of advice for how to avoid legal troubles and enjoy your purchase. And, remember, that when something doesn’t feel right, there should be no arguments against taking additional time to collect information and consult with a lawyer.