Property Legal Advice (Conveyancing)

The Spanish market protects the seller, not you

Without an expert on your side, you’re at a disadvantage

Mortgage denied? You lose 10%

In Spain, “arras deposits” are binding. If your mortgage is denied after signing, you can lose your 10% deposit.

The “arras” trap

You inherit debts you didn't create

Unpaid community fees, tax claims or illegal works stay with the property — not the seller.

Hidden liabilitie

The Notary is neutral — not your lawyer

They verify signatures.They don’t protect your deposit or audit the property.

False sense of security

Complete conveyancing & deposit protection

Protect your deposit before you sign

We restructure the contract so mortgage denial or low valuation doesn’t cost you 10%.

Mortgage clause secured.
Realistic deadlines for expats
No abusive penalty traps

Protected from reservation to completion

Every step verified before you move forward

24h Contract protection

We review your reservation contract within 24 hours, so you can secure the property without risking your deposit.

The "red flag" report

We deliver a clear Go / No-Go decision before you commit any money.

Notary & closing protection

We coordinate the signing and verify the title deed so what you buy matches exactly what was promised.

Book my legal review

Real people, real results

500+ families bought with a buyer’s agent by their side

Case: the valuation trap and the arras

Sarah R. & Mike D. (UK)

Barcelona

Saved: 43,000€

We assumed if the bank said ‘no’, we’d get our money back. Homter warned us the contract didn’t say that. They forced the seller to add a clause. The bank valuation came in low, mortgage was refused, but thanks to Homter, we got our full €43k back
- Legal check service.
- Risk avoided: losing 10% deposit due to strict "arras penitenciales".
- Result: 100% of funds recovered safely.
Case: the hidden demolition order

Mark & Loren (USA)

Madrid (Center)

Saved: 55,000€

The penthouse looked amazing. Homter’s audit found the terrace enclosure was illegal and had a pending demolition order from the ayuntamiento de Madrid. They saved us from buying a legal nightmare.
- Pre-purchase legal & urban audit.
- Risk avoided: inheriting illegal construction fines and demolition costs.
- Result: pulled out of the deal with deposit intact.
Case: the NIE delay & expiring deadlines

Emma & Tibaud (France)

Barcelona (Castelldefels)

Saved: 20,000€

We signed the reservation but getting our NIE (foreigner ID) took months due to consulate delays. The standard agency contract gave us only 30 days to complete the purchase, or we’d lose our €20k deposit. Homter’s legal team restructured the contract deadlines specifically for expats, saving us from breaching the agreement.
- Legal check service
- Risk avoided: contract breach and loss of deposit due to Spanish bureaucracy.
- Result: Smooth completion despite administrative delays.
Case: the vacant possession illusion

Liam A. (Ireland)

Sitges (Barcelona)

Avoided: becoming landlord

The seller swore the current tenant was leaving before the notary date. Homter’s account managers didn’t take their word for it. They reviewed the rental contracts and Spanish tenant protection laws, discovering the tenant had the legal right to stay for three more years. We would have bought a house we couldn’t live in! Homter legally blocked the deal until vacant possession was fully certified.
- Legal check service: verification of "vacant possession" before signing.
- Risk avoided: becoming an involuntary landlord due to strong tenant laws.
- Result: ensured the property was empty and legally clear before closing.

Before you sign, talk to us

Contract risk reviewed
Deposit risk assessment
Clear legal recommendation

15′

minutes

100%

free

Why do you need legal advice to buy property in Spain?

What is “conveyancing” or legal advice in Spain?

Legal advice in home buying (often called conveyancing in the UK) is a professional service that protects the buyer’s financial and legal interests.

Unlike real estate agents (who represent the seller) or the Notary (who is neutral and only certifies identity and legality but doesn’t defend you), a buyer’s legal advisor reviews contracts, checks for hidden debts, shields your deposit, and optimizes taxes.

At Homter, this service is integral to our role as your Buying Agent, ensuring that legal security and mortgage negotiations work together.

Doesn’t the notary protect me?

No. This is the most dangerous misconception for expats. The Spanish Notary is a neutral public official. Their job is to verify identities and tax payments on the day of signing.

They do not visit the property, they do not check for illegal construction, and they do not negotiate contract clauses to protect your deposit. The Notary certifies the transaction; Homter protects YOU.

Can I lose my deposit if I don’t get a mortgage?

Yes, absolutely. In Spain, mortgage denial is not considered a “Force Majeure” event unless specifically written in the contract. If you sign a standard “Arras Penitenciales” and your financing falls through (common for non-residents due to stricter bank criteria), the seller is legally entitled to keep your deposit. We ensure a “Subject to financing” clause is mandatory in your contract.

What is the “NIE” and why does it delay things?

The NIE (Número de Identificación de Extranjero) is your fiscal ID in Spain. You cannot buy property or pay taxes without it. Obtaining one can take weeks or months depending on the consulate or appointment availability.

We adjust contract deadlines to account for NIE delays so you don’t breach the contract and lose your deposit due to bureaucracy.

What risks do I run if I sign without legal review?

Ideally, no. We always recommend paying deposits into the seller’s account or a notary escrow account whenever possible. If you must pay an agency, we verify they are registered and solvent.

We also ensure the contract states clearly that the money is part of the final price and refundable under specific conditions

Is it safe to pay the reservation fee to the Real Estate Agency?

Recently, Spain introduced a “Reference value” for properties. Even if you buy a house for €300,000, if the tax uthority (AEAT) believes it’s worth €400,000, you will be taxed on the higher amount.

We check this value before you offer, so you know exactly how much Property Transfer Tax (ITP) you will really pay.

What happens if the property has a tenant?

Spain has very strong tenant protection laws. If you buy a property with a tenant, you may be legally forced to keep them for years, even if the seller says they are leaving. We review rental contracts and verify the property is truly “vacant possession” before you sign.

What happens with “community debts” (Derramas)?

Any building works approved by the community of owners before your purchase date should legally be paid by the seller. However, if you don’t check the meeting minutes (actas) before signing, you might inherit these costs.

It is common for buildings to have approved facade repairs (€10k-€30k per neighbor) that the seller “forgets” to mention. We audit the administrator’s certificates to find these hidden costs.

What are “cargas registrales” (registry loads)?

These are notes in the property registry indicating debts, seizures, or limitations on the property. They can include unpaid mortgages, tax debts, or rights of way.

Buying a home with “cargas” means you inherit those problems. We analyze the nota simple, translate the legal jargon, and ensure all loads are cancelled before you pay.

¿Cuánto cuesta el servicio de asesoramiento legal de Homter?

La consulta inicial es gratuita y sin compromiso. En ella analizamos tu caso, identificamos los riesgos de tu operación y te explicamos cómo podemos ayudarte. El servicio de asesoramiento legal forma parte de nuestro acompañamiento integral como Agente del Comprador, que funciona 100% a éxito: solo cobramos si finalmente compras la vivienda. Si necesitas únicamente una revisión puntual de contrato de arras, consúltanos: adaptamos el servicio a tu situación.

¿Qué pasa si el vendedor no acepta vuestras cláusulas?

Si un vendedor no acepta una cláusula razonable de “sujeción a hipoteca” o se niega a mostrar las actas de la comunidad, es una Red Flag (alerta roja). Te diremos por qué no deberías comprar ahí. A veces, el mejor servicio es evitar que compres un problema.

Stop buying alone. Buy with an expert buyer agent on your side

Smart protection for the modern buyer.

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