Purchase and Sale in Spain

Purchase and Sale in Spain: Interview with Dr. Jürgen Bredthauer, Notary in Hamburg

Real Estate and Tax Law in Spain

Buying or selling property in Spain is often a completely different experience for foreign buyers, especially for those coming from countries such as Germany, where the notarial and registration systems work in very distinct ways. To better understand these differences, we interviewed Dr. Jürgen Bredthauer, Notary in Hamburg and specialist in Private International, Family, and Contract Law, who shared his insights into the most common concerns foreign clients have when purchasing property in Spain.

Understanding the main differences between Spain and Germany

Q: Dr. Bredthauer, as a notary familiar with both systems, what stands out the most between the Spanish and German purchase processes?

A: In Germany, we differentiate between two steps: the binding legal contract of sale — where the buyer agrees to pay the price — and the actual transfer of ownership, which takes place only once the property is registered in the Land Registry.

In Spain, however, ownership transfers at the moment of signing the contract, whether private or before a notary. This means that the buyer becomes the legal owner immediately upon signing, without waiting for registration.

What Spain lacks is more comprehensive notarial advice and warnings during the signing process — something German buyers often expect. Therefore, buyers in Spain should always hire a lawyer, who will not only review the documents but also ensure they are properly translated and legally sound.

Payments and bank procedures at the notary

Q: Bank cheques, payments on the day of signing… this can sound risky to a German buyer. What’s your view?

A: For Germans, it is unusual to make the payment at the moment of signing before a notary. But this makes sense in Spain because ownership transfers immediately with that signature.

It might seem strange that during the signing, several parties are present — such as a bank representative cancelling a mortgage, or another bank officer financing the new purchase. However, this is standard practice in Spain and part of ensuring a smooth transfer.

Advantages and disadvantages of the Spanish system

Q: Could you point out one advantage of the Spanish process compared to the German one?

A: The main advantage is its efficiency. With just one signing before the notary and full payment, the buyer becomes the rightful owner, and the property is transferred free of charges.

Q: And a disadvantage?

A: The main drawback is that in Spain, the notary does not handle the registration of the deed in the Property Registry. This must be done through a gestoría or an administrative agency, which adds another step. Fortunately, this process can be easily managed by the buyer’s lawyer.

Legal advice for German buyers in Spain

Q: What advice would you give your German clients buying property in Spain?

A: I would tell them that although the system is different, it works perfectly well. Unlike in Germany, where a lawyer is not always necessary, in Spain it is strongly recommended to hire one.

Your lawyer will verify that:

The property is legally registered and free of charges.
The declaration of new construction and certificate of habitability are valid.
All taxes and levies have been paid before the transfer.

This ensures a safe and transparent transaction.

On the Balearic property market

Q: Property prices in the Balearic Islands continue to rise. Do you foresee a new real estate bubble?

A: Observing the market trends, I do not believe we are currently close to another property bubble. The growth seems steady and supported by demand.

Language and local culture

Q: Finally, a more personal question — do you speak Spanish or Mallorquín?

A: My first Spanish sentence was: “Buenos días, soy Jürgen Bredthauer.”
As for Mallorquín, I only know a little — but my favorite phrase is “Poc a poc!” which means “slowly.”

At Frau Legal, as experts in Real Estate Law in the Balearic Islands, we understand the importance of bridging legal and cultural differences for our international clients.
Our goal is to ensure that every property transaction is secure, transparent, and satisfying for both foreign and Spanish buyers.