Buying Property in Spain: An Interview with Dr. Jürgen Bredthauer, Notary in Hamburg
Category: Real Estate Law and Tax Issues
Buying property in Spain can feel complex — especially for foreign buyers used to different legal systems, such as in Germany. To better understand the key differences and help our clients feel secure, we spoke with Dr. Jürgen Bredthauer, a renowned Notary in Hamburg, expert in Private International Law, Family Law and Contract Law.
His insights help clarify how property transactions in Spain work, what precautions to take, and why legal advice is essential for a safe and successful process.
Q: Dr. Bredthauer, you know both the German and Spanish property purchase systems. What differences have caught your attention the most?
A: In Germany, we clearly distinguish between the binding contract of sale — in which the buyer agrees to pay the price — and the transfer of ownership, which only occurs once the property is registered in the Land Registry.
In Spain, however, ownership transfers at the moment of signing the deed before a notary (or even via a private contract). That’s why, in Spain, it is essential for buyers to seek independent legal advice, as notaries here do not provide detailed warnings or representation. Your lawyer will also handle translations and ensure the transaction complies with all legal requirements.
Q: In Germany, it is uncommon to pay on the same day of signing. How do you view this Spanish practice?
A: Indeed, for Germans it’s unusual to make the full payment on the same day of signing before a notary. However, in Spain it makes sense — ownership is transferred at that very moment. It may seem surprising that representatives from both the bank cancelling the old mortgage and the bank granting the new one are present at the signing, but this is a normal part of Spanish practice.
Q: What would you say is the main advantage of the Spanish system?
A: The main advantage is its speed. Once the notarial deed is signed and payment is made, the buyer becomes the owner immediately — with the property transferred free of charges.
Q: And the main disadvantage?
A: Unlike in Germany, the notary in Spain does not handle the registration of the deed. This step must be carried out separately, often through a gestoría or, more effectively, through your real estate lawyer, who will supervise the entire process to ensure proper registration.
Q: What recommendations would you give to German buyers purchasing in Spain?
A: Although the Spanish system is different, it works well. The key is to work with a lawyer specialised in real estate law. Your lawyer will ensure all documents are in order and that there are no issues with urban legality, certificates, taxes or previous encumbrances. This provides peace of mind and legal security.
Q: Property prices in the Balearic Islands have risen steadily. Do you foresee another bubble?
A: Observing current market conditions, I don’t believe we’re close to a new real estate bubble. The market remains strong but stable, driven by genuine demand rather than speculation.
Q: And finally — the first words you learned in Spanish… and in Mallorquín?
A: My first Spanish sentence was “Good day, I am Jürgen Bredthauer.” As for Mallorquín, I remember “Poc a poc!” — “little by little.” A fitting phrase for anyone navigating property transactions in Spain.
At Frau Legal, our mission as real estate and tax lawyers in the Balearic Islands is to help our clients understand these differences, guide them through every step of the process, and ensure that buying or selling property in Spain is safe, transparent, and stress-free.
If you’re considering buying a home in Mallorca, Ibiza, or Menorca, contact us through our Real Estate Law service page or book a consultation here.
