Buying a home directly from another individual may seem like a simple process: buyer and seller agree on a price, sign a contract, and then formalize the transaction before a notary. However, a private home sale involves numerous legal issues that must be verified before handing over any money or making any commitments.

This is even more important for foreign buyers who want to buy a home in Torrevieja or other locations on the Costa Blanca and are not familiar with the Spanish legal and administrative system.

Review the legal status of the property

One of the lawyer’s main responsibilities is to carry out the necessary checks on the property before signing. Among other things, this includes verifying who is listed as the owner, checking the information in the Land Registry, and identifying any mortgages, liens, or other encumbrances.

It’s also important to analyze the property’s legal status and check for any outstanding debts, such as unpaid homeowners’ association fees. A property may appear perfectly suitable during a visit but still have legal issues that should be resolved before purchasing.

Review the contract before making a deposit

In transactions between private individuals, it is common to sign a preliminary sales agreement before going to a notary. This document establishes fundamental aspects such as the price, the amounts paid, the deadlines, and the consequences if either party fails to complete the transaction.

For this reason, it is advisable that a lawyer review or draft the contract before the buyer pays the deposit. It should not be assumed that a standard contract template adequately protects the interests of both parties or is suitable for the specific circumstances of the property.

Coordinate taxes, documentation, and signature

Legal advice also helps organize the necessary documentation for signing the property before a notary, ensuring all necessary checks have been carried out. For foreign buyers, the lawyer can also assist with matters such as obtaining a Spanish Foreigner Identification Number (NIE), representation by power of attorney when required, and coordinating the various procedures associated with the transaction.

After the purchase, it will also be necessary to properly manage the corresponding taxes and the registration of the deed in the Property Registry.

Independent advice for a safe purchase

The notary plays an essential role in formalizing the sale, but does not replace prior independent legal advice. The lawyer’s role is to analyze the specific circumstances of the transaction and defend their client’s interests throughout the process.

Especially when buyer and seller negotiate directly, performing these checks before signing or handing over significant amounts can prevent conflicts and problems later on.

Have you found a property you want to buy directly from the owner? Contact A&G Lawyers before signing and let our team review the transaction and documentation.