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Hidden Debts
Mortgages and charges linked to the property transfer to the buyer at completion.
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Illegal Constructions
Unauthorized extensions subject to demolition orders — invisible until it's too late.
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Contract Traps
The Contrato de Arras binds you legally and financially before you have legal advice.
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Tax Surprises
ITP, IBI, IRNR — and for US buyers, the implications for FATCA and FBAR reporting.
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No Representation
The notary authenticates the deed — they are neutral. Nobody is protecting you unless you hire a lawyer.
Buying property in Spain without independent legal representation is one of the most costly mistakes international buyers make. The Spanish legal system does not protect you by default — the notary is neutral, the seller's agent works for the seller, and property defects transfer to you at the moment of purchase.
At Paton & Mayr, we act exclusively on your behalf. Our senior real estate lawyers have protected international buyers for over 20 years — from title verification and due diligence through to notary signing and post-completion registration. We do property law, in English, for international buyers. Nothing else.
Trusted by US, UK, and international investors for over 20 years. Boutique, senior-led, and exclusively focused on real estate transactions in Spain.
What Does a Real Estate Lawyer Do in Spain?
In Spain, a notary (notario) witnesses and certifies property transactions — but the notary does not act in your interest. The notary's role is to verify the legal formalities of the deed, not to protect the buyer. That is the lawyer's job.A real estate lawyer in Spain acts exclusively on your behalf to:
Verify title and ownership
Confirming the seller has legal title and the property is free of undisclosed debts, mortgages, or charges.
Conduct legal due diligence
Checking planning permissions, illegal constructions, community of owners debts, and cadastral records before you commit.
Review and negotiate contracts
The Contrato de Arras binds you legally and financially once signed. A lawyer reviews it before you sign.
Manage the purchase process
Coordinating with the notary, land registry, and tax authorities on your behalf.
Advise on tax obligations
ITP or VAT, stamp duty, plusvalía municipal, and — for US buyers — the implications for FATCA and FBAR reporting.
Act under Power of Attorney
If you cannot travel to Spain for the signing, your lawyer can complete the purchase on your behalf.
Do I Need a Lawyer to Buy Property in Spain?
No. Spanish law does not require a buyer to have legal representation. But the question is not whether it is legally required — it is whether it is commercially prudent.
Consider: in Spain, illegal constructions account for a significant proportion of property sales, particularly on the Costa del Sol and in rural areas. A property with unauthorized extensions or construction irregularities can be demolished or fined by local authorities — and those obligations transfer to the new owner at the moment of purchase. A lawyer conducts the checks that reveal these issues before the transaction completes.
For international buyers — especially those purchasing remotely from the United States — independent legal representation is not optional in any practical sense. You are operating in a different legal system, in a different language, with different tax implications in two countries. Navigating that alone is a risk no transaction justifies.
Our case study on how due diligence saved a buyer from losing €50,000 illustrates exactly what can go wrong — and what a thorough legal review prevents. Read the full case here.
Our Areas of Practice
Paton & Mayr covers the full spectrum of real estate law for international buyers in Spain:
Property Purchase & Sale
End-to-end legal support for residential and investment property transactions across Spain. From title verification and due diligence through to notary signing and land registry registration.
Learn more →Real Estate Due Diligence
A 12-point verification process covering title, debt, planning, cadastre, community charges, utility contracts, and tax position. Essential before any commitment is made.
Learn more →Property Disputes & Litigation
Legal representation for buyers facing construction defects, boundary disputes, planning irregularities, contract cancellations, or deposit loss claims.
Learn more →Tax & Fiscal Guidance
Spanish property taxes for non-residents (IRNR, IBI, plusvalía), capital gains tax, and — for US clients — FATCA/FBAR reporting and the US-Spain Tax Treaty.
Learn more →Golden Visa & Residency Advice
Spain ended its Golden Visa program in April 2025. We advise on current residency alternatives available to investors and property owners — without processing visa applications.
Learn more →The Paton & Mayr Difference
Most international buyers working with a Spanish real estate lawyer for the first time do not know what questions to ask. We do — because we have been asking them on behalf of clients for over two decades.
Senior-led from day one. Your file is handled by a senior attorney, not passed to a junior. Every decision in your transaction is made by someone with direct experience in complex international property deals.
Exclusively real estate. We do one thing. That focus translates into depth — in our knowledge of the market, the registry, the tax implications, and the negotiation.
US-experienced. We understand the specific concerns of American buyers: the differences between the US and Spanish legal systems, the tax treaty implications, FATCA and FBAR obligations, and the Power of Attorney process for remote purchases.
English first. All client communication is in English. No translation required, no miscommunication risk.
Boutique by design. We do not aim to process the highest volume of transactions. We aim to protect every client as if the investment were our own.
Client Testimonials
How Much Does a Real Estate Lawyer Cost in Spain?
Legal fees for property transactions in Spain typically range from 1% to 1.5% of the purchase price, with a minimum fee for lower-value transactions. This fee covers title verification, due diligence, contract review, coordination with the notary and land registry, and post-completion formalities.
Total transaction costs in Spain — including legal fees, taxes (ITP or VAT), notary fees, and land registry fees — typically amount to 10–13% of the purchase price for a resale property, or 12–15% for a new build. US buyers should factor in that these costs are not deductible in the same way as US closing costs and should be accounted for in the total investment budget.
We provide a clear, written fee estimate before any engagement. No hidden costs. No surprises at completion.
Frequently Asked Questions
Can I buy property in Spain as a US citizen?
Yes. There are no restrictions on US citizens purchasing residential or investment property in Spain. You do not need to be a resident. You will need a NIE (Número de Identificación de Extranjero), a Spanish bank account, and — strongly recommended — independent legal representation.
What is the difference between a notary and a lawyer in Spain?
The notary (notario) is a public official who authenticates the deed and ensures it complies with Spanish law. The notary does not act in your interest — their role is neutral verification of the transaction. A real estate lawyer acts exclusively on your behalf: conducting due diligence, reviewing contracts, identifying risks, and negotiating on your behalf before and during the transaction.
How long does it take to buy property in Spain?
From signing the initial reservation contract to completion at the notary, a typical Spanish property transaction takes 4 to 12 weeks. New build purchases take longer — often 12 to 24 months from reservation to keys. Remote purchases using Power of Attorney can follow the same timeline as in-person transactions.
Can I buy property in Spain without travelling there?
Yes. Through a notarised Power of Attorney (Escritura de Poder Notarial), you authorise your lawyer to sign the final deed on your behalf. This is a standard legal instrument in Spain and is particularly common among US buyers. We manage the process for remote clients regularly.
What taxes do I pay when buying property in Spain?
On a resale property, the main tax is ITP (Impuesto de Transmisiones Patrimoniales), typically 6–10% depending on the region. On a new build, you pay VAT (IVA) at 10%, plus Stamp Duty (AJD) at 0.5–1.5%. Additional costs include notary fees, land registry fees, and legal fees. Total acquisition costs typically run to 10–13% of the purchase price for resale, or 12–15% for new builds.
Do US buyers have special tax obligations when owning property in Spain?
Yes. US citizens are taxed by the IRS on worldwide income regardless of where they live. Owning property in Spain may trigger reporting obligations under FATCA (Form 8938) if the property is held through a foreign entity, and under FBAR (FinCEN 114) if you maintain a Spanish bank account above $10,000. We advise US clients specifically on these obligations as part of our property purchase service.
How do I get started with Paton & Mayr?
The first step is a free 15-minute consultation. We listen to your situation, explain the legal process, and give you a clear scope of what we would handle and at what cost. No commitment required. Book directly at patonandmayr.com/book-a-call/.
Ready to protect your investment in Spain?
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