Guide
Legal Risks When Buying Property in Marbella
Most property purchases in Marbella complete without issue. The risks below are the ones that come up often enough to be worth knowing about before you view a property, not after you've signed something.
- 01
Debts and Charges That Follow the Property, Not the Seller
In Spain, unpaid mortgages, community fees, and certain local taxes are attached to the property itself — not to the person who owned it when the debt was incurred. If a property changes hands without those debts being cleared or accounted for, the new owner can inherit them. This is one of the main things due diligence is designed to catch.
- 02
Unlicensed Extensions and Construction
Extensions, pools, or outbuildings added without the correct planning permission are not uncommon, particularly on older or larger properties. An unlicensed structure has no formal legal status — this can complicate a future sale, affect mortgage eligibility, and in some cases create exposure to enforcement action by the local council. Verifying that what's built matches what's registered is a standard part of due diligence.
- 03
A Lawyer Recommended by the Agent or Seller
Estate agents and developers sometimes recommend a lawyer to buyers — often with good intentions, but that lawyer's ongoing relationship with the agent or developer can create a conflict of interest, whether or not it's ever made explicit. Independent representation means a lawyer whose only relationship in the transaction is with you.
- 04
Signing Before Legal Review
Spain doesn't have a general cooling-off period for property purchases — once a document is signed, including a reservation contract with a deposit, it typically creates binding obligations. Documents are sometimes presented for signature quickly, especially in a competitive market, which can create pressure to sign before there's been time for proper review.
- 05
Underestimating Total Costs
The purchase price is only part of the total cost. Transfer tax or VAT, notary and registry fees, and legal fees typically add a further 10–15% on top of the purchase price for a resale property, sometimes more for new-build purchases. Buyers who budget only for the headline price can find themselves short at completion.
- 06
Not Planning for Ongoing Tax Obligations
Owning property in Spain as a non-resident comes with annual filing obligations — regardless of whether the property is rented out or sits empty. Missing these doesn't just risk a one-off penalty; unpaid obligations can accumulate surcharges year on year.
- 07
The Seller Not Being Who They Claim to Be
Occasionally, the person selling a property isn't the sole legal owner, or doesn't have full authority to sell — for example, where a property is jointly owned, held in an estate, or subject to a dispute. Confirming registered ownership before committing is one of the more fundamental checks due diligence covers.
A General Note
None of the above is unusual or a sign that the Marbella market is riskier than buying property elsewhere — these are simply the areas where problems most commonly originate, and where independent legal review adds the most value. Most are straightforward to check for; the risk lies mainly in not checking at all.
These are exactly the kinds of checks independent legal representation is built around.
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Reviewed by María Fernández López
Spanish Property Lawyer · 12+ Years Experience
Reviewed:
María Fernández López is a Spanish property lawyer with over 12 years of experience in real estate transactions on the Costa del Sol. She reviews guide content on this site for legal accuracy but does not represent Property Lawyer Marbella as a law firm and is not responsible for legal advice provided by independent law firms listed in the directory.
This page is general information about property law topics in Marbella. It is not legal advice, and Property Lawyer Marbella is not a law firm.