Practice areas
Investing in property in Spain: secure your purchase
Buying property in Spain exposes you to legal and tax risks that neither the estate agent nor the Spanish notary is obliged to flag for you. Lexwell supports you from the initial checks on the property through to signing, in French.
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Why Lexwell?
France-Spain vision
The Spanish notary does not check planning, disputes or unregistered charges. Only your lawyer defends your interests as buyer.
180° support
From preliminary checks through notarial signing and post-acquisition follow-up, every step is covered before you sign.
Pragmatic advice
Planning restrictions, illegal works, arras and escrow: we flag what the agent and notary are not obliged to mention.
What Lexwell systematically checks before any signing
No administrative or planning restrictions
No ongoing penalties or neighbourhood disputes
Compliance of buildings with local rules
Non-apparent charges, mortgages and easements
Our support
Preliminary checks
Full legal review of the property: planning status, charges, disputes, construction, ongoing penalties.
Contrato de arras
Advice on the key clauses and adaptation to local rules to protect your interests.
Tax structuring
Analysis of financing, tax optimisation of the acquisition, choice of structure based on your situation.
NIE and administrative formalities
Obtaining the foreigner identification number and coordinating the required administrative formalities.
Notarial signing
Preparing the original documents, drafting in coordination with the notary, and assistance in French.
Post-acquisition follow-up
Registering title, tax filings related to the acquisition, and post-closing support.
Property checklist
Download our property checklist to make sure every step is covered before you sign.
FAQ
As soon as you have identified a property and before signing any document · including a simple reservation agreement.
In France, the notary secures the entire transaction. In Spain, the notary's role is limited to what is recorded in the land registry. Planning checks, disputes and unregistered charges are not their responsibility. Without a lawyer, no one is legally obliged to inform you of them.
A French SCI has an ambiguous legal and tax status in Spain. Its use should be analysed on a case-by-case basis beforehand, based on the economic and estate-planning objectives of the transaction.
This is not a legal requirement. It is often a practice imposed by estate agents. This agreement should be negotiated to allow for the return of sums paid if the seller rejects the offer.
No. This is common practice in Spain, unlike in France, where funds are held in escrow by the notary. It is possible · and advisable · to negotiate a notarial escrow arrangement in the deposit agreement.