Due Diligence when buying property in Spain – why It’s not a formality, but your safety net

At first glance, everything seems perfect: a great location, sea view, freshly renovated interiors. But in real estate, what truly matters often isn’t visible in the photos.

That’s why, before any Loriini or The Lawyers client signs a single document, our legal team conducts comprehensive property due diligence. This isn’t a formality — it’s the foundation of every safe transaction.

What does property due diligence mean?

It’s a detailed legal and technical assessment of a property, designed to eliminate risks for the buyer. Handled by experienced lawyers and experts, it helps determine whether a property:

has clear legal title,
is free from mortgages or debts,
complies with zoning and land-use regulations,
hasn’t been illegally built or modified,
can be safely purchased and occupied.

What exactly do we check at The Lawyers?

During due diligence, we analyse:
– Property registry entries – we confirm ownership, check for mortgages, liens, and easements.
– Ownership history – to ensure the seller has the legal right to sell.
– Technical documentation and plans – we evaluate compliance with local building codes.
– Cadastre and land records – verifying surface area, boundaries, and designated land use.
– Outstanding financial obligations – unpaid community fees, local taxes, or utility bills.
– Zoning regulations – crucial if you plan to rent out or renovate the property.

Why is this so important?

Because real estate markets — especially in tourist-heavy regions — can be murky. A stunning façade might hide serious issues: missing permits, inherited debts, disputed ownership, or zoning restrictions that prohibit short-term rentals. Each of these risks could lead to delays, legal trouble, or financial loss. That’s why The Lawyers work proactively — not reactively.

When do we conduct due diligence?

Always before signing the preliminary agreement (Contrato de Arras). This is typically when buyers pay a 10% deposit — so it’s critical to be sure everything is in order. Our goal isn’t just to confirm that you can buy the property, but that it’s worth buying — legally, safely, and without hidden surprises.

In Spain, as everywhere, one rule applies: prevention is better than cure. That’s why for us, due diligence is non-negotiable — it’s a required step in every investment. No matter how the property looks on the outside — we’ll make sure what’s inside checks out.

What do you think?

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