5 Mistakes When Buying a House

Before you pay or sign, enlist experts in Spanish property law. Fernando Murcia Asesores examines all critical title searches, licences, community debts and contracts, ensuring confidence and avoiding costly pitfalls.

Mistake 1: ignoring the Land Registry extract

A three-euro nota simple from the Land Registry tells you everything a seller may prefer you never see: un­cancelled mortgages, embargoes, court orders, usufruct rights or easements.

Ignore it and those hidden burdens transfer straight to you on notary day, adding thousands in unexpected debt and legal fees. Ordering the extract, translating it and demanding any cancellation before you commit is the cheapest, fastest insurance policy you will ever buy.

Mistake 2: skipping habitability and building licences

Spain’s Building Regulation Act obliges every dwelling to hold a valid occupancy certificate and, where extensions exist, matching planning approval. Purchase without them and you risk months without water, electricity or an occupation licence, plus sizeable municipal fines.

Ask the vendor for the original cedula or second-occupation licence, the architect’s completion certificate and the town-hall stamp. No documents, no deposit: that single rule saves time, sanctions and renovation headaches entirely.

Mistake 3: overlooking community-of-owners liabilities

Joining a community of owners means inheriting its debts, bylaws and future refurbishment plans the minute your deed is signed. Failing to demand a zero-debt certificate or read the statutes could leave you funding a €30,000 façade upgrade or fighting fines for holiday-let adverts.

Obtain the administrator’s certificate, last meeting minutes and upcoming budgets before you pay the deposit. Understanding the community’s financial health today protects your cash flow tomorrow.

Mistake 4: signing a one-sided contrato de arras

A contrato de arras is far more than a polite handshake: it dictates who pays what if completion stalls. Templates found online often punish buyers while letting sellers walk away with double the deposit.

Insist on mutual penalties, a finance clause tied to the bank’s written offer and a deadline extension if paperwork delays arise. Having your lawyer draft or vet the contract costs little and can rescue your savings entirely.

Mistake 5: buying without specialised legal advice

Attempting a do-it-yourself purchase may feel frugal, yet Spanish conveyancing hides taxes, retentions, valuation gaps and cross-border implications that even seasoned agents overlook.

A specialist solicitor runs full due diligence, negotiates conditions, calculates transfer tax or VAT, registers the deed and follows up on land-registry entry. One modest fee guards against disputes, penalties and sleepless nights. When the deal involves your family home or pension pot, professional cover is non-negotiable.