Do You Really Need a Lawyer to Buy Property in Spain as an American? 🇺🇸🇪🇸🤔

This is one of the most common questions US citizens ask when considering buying property in Spain.

The honest answer is that Spanish law does not require buyers to hire a lawyer. However, for American buyers, proceeding without independent legal advice often exposes them to risks that are very different from what they would face in the United States.

The reason is simple: the Spanish property system works in a fundamentally different way.

Why buying property in Spain feels familiar — but isn’t 👆🏼

Many Americans approach a Spanish property purchase assuming that the process offers similar safeguards to those they are used to back home. On the surface, it may look familiar: contracts, deposits, notaries and a final closing.

In reality, the protections work very differently.

In Spain, the notary is a neutral public official whose role is to formalise the transaction, not to advise or protect the buyer. Estate agents usually act on behalf of the seller, and crucial legal checks are not automatically carried out unless someone is specifically instructed to do so.

This means that buyers often become legally bound to a purchase long before all legal risks are identified.

What can go wrong without legal advice? 🫣

American buyers who move forward without independent legal representation often discover problems only after they have already signed a contract or paid a deposit.

Some of the most common issues include properties with illegal construction or planning irregularities, outstanding mortgages or debts attached to the property, and private contracts drafted exclusively in Spanish with terms that strongly favour the seller.

In many cases, buyers also underestimate the legal weight of the arras contract. This private agreement usually involves a deposit of around 10% of the purchase price, which may be lost if the buyer later withdraws – even when serious issues are discovered.

These problems are rarely visible during viewings and are often identified only when it is already too late to walk away safely.

What does a Spanish property lawyer actually do? 🤝

A Spanish property lawyer acts exclusively in the buyer’s interest and focuses on preventing these risks before they materialise.

This includes carrying out full legal due diligence before any deposit is paid, reviewing and negotiating private contracts, and identifying planning, ownership or tax issues at an early stage. Just as importantly, the lawyer ensures that the buyer fully understands what they are signing and how Spanish property law differs from US practice.

For foreign buyers, this role is not simply administrative – it is a key safeguard. 🛟

Why US citizens need a lawyer familiar with American clients 🇺🇸🇪🇸

Beyond the legal differences, US buyers face additional challenges when purchasing property in Spain. Language barriers, remote purchases, unfamiliar tax rules and a different legal culture can all create misunderstandings.

A Spanish law firm experienced in assisting US citizens understands these expectations and explains the process clearly, while ensuring that the transaction complies fully with Spanish law.

This combination of legal knowledge and cultural understanding is often what makes the difference between a smooth transaction and a problematic one.

How Luxton Legal assists American property buyers

Luxton Legal regularly advises US citizens buying property in Spain, providing independent legal support throughout the entire process.

Our work includes reviewing all contracts, coordinating with estate agents and notaries, explaining Spanish legal concepts in clear English, and assisting with remote purchases through powers of attorney. We also handle post-completion matters such as registration and tax compliance.

Our focus is always on protecting the buyer and ensuring a legally secure purchase.

While hiring a lawyer is not mandatory under Spanish law, buying property in Spain without independent legal advice involves significant risk, particularly for US citizens unfamiliar with the Spanish legal system.

Seeking advice from a Spanish lawyer experienced in assisting American buyers before paying any deposit or signing any contract is one of the most effective ways to protect your investment.

👉 Speak with a Spanish lawyer experienced in assisting US citizens buying property in Spain before committing to any purchase. Get your free initial consultation today!