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3 min read

Everyone's telling me I need a lawyer - do I?

Nick Storey

Strictly, no. You're not legally required to appoint a solicitor to buy property in Spain. But the honest answer is that for a relatively small fee, an independent lawyer is the best-value protection in the whole process, and almost every buyer who runs into serious trouble turns out to be one who skipped it.

In this article

What independent actually means

The key word is independent. Not the seller's lawyer, not someone the agent insists you use, but a solicitor working for you and only you. Ideally one who speaks both Spanish and your own language and who is used to international buyers. They review the contracts, run the Land Registry checks, confirm there are no debts attached to the property, make sure the permissions are in order, and explain exactly what you're signing before you sign it. Even if your Spanish is fluent, legal terms get lost in translation, and the stakes are too high to guess.post-20-content-final.jpg

The cautionary tales are real

Kyero has collected true stories from buyers who didn't use an independent solicitor, and they're sobering: the buyer who paid a 10% deposit in cash and didn't really know what they were committing to; the property with wonderful valley views that hid a sinister catch; the seller who removed the stained-glass windows the day before completion; the person who only discovered, years later when they tried to sell, that they didn't actually own the land; the seller who stripped out the solar panels and inverter the night before the keys changed hands. Different stories, one moral: a good lawyer would have caught it.

The podcast's Buying a House in Spain episode, featuring a Spanish property lawyer, is well worth a listen at this stage.

A note on the notary

People sometimes assume the notary covers this. They don't. A notary is a public official who certifies that the sale is legally documented, but they are not there to look after your interests or advise what's best for you. The notary checks the paperwork is binding; your solicitor checks the deal is sound. You need both, and they do different jobs.

A solicitor can save you money, time and stress, and occasionally save you from a genuine disaster. On a purchase this size, it's not the place to economise.

Your checklist for this step

  • Appoint an independent solicitor, working only for you, before you sign contracts
  • Choose one who speaks both Spanish and your language and knows international buyers
  • Ask them to check all contracts and run the Land Registry checks
  • Don't rely on the notary for advice, that's not their role
  • Find candidates via personal recommendations or from agents in the Kyero estate agent directory 

Protect your purchase

The free Spain Buying Guide has a full legal section on solicitors, notaries and the paperwork.

Download the free Spain Buying Guide →

Or carry on reading. The next post demystifies the jargon: "I keep hearing about NIE numbers and notaries."

Written by

Nick Storey

Nick Storey is the Operations Director at Kyero.com, where he leads platform operations, product delivery, and commercial strategy. 

Having lived and worked in Spain for 14 years, Nick began his career as an estate agent on the south coast of Granada and brings first-hand market experience to his work. 

He joined Kyero in 2007 and has since played a central role in scaling the business, shaping its product direction, and strengthening how international buyers connect with agents across Spain, Portugal, France, and Italy

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