Do I need a property lawyer in the Balearic Islands for a sale?
Selling a Property in Spain
It’s often said that, in a property sale, it is the buyer who needs legal advice, as the supposedly “weaker” party. However, that’s not entirely true.
Under Spanish law, both the seller and the buyer assume comparable risks:
- The seller risks having the sale declared null and being forced to return the full amount received.
- The buyer risks purchasing a property that does not match what was agreed or lacks the necessary guarantees.
In this article, Frau Legal explains why having a property lawyer is essential when selling in the Balearic Islands.
Why You Need a Property Lawyer
Real estate agents sometimes discourage involving lawyers, seeing them as an unnecessary cost that might reduce their commission. In practice, though, a lawyer is the best ally for both the agent and the client — whether selling or buying.
A lawyer is not an expense but an investment in legal security.
A real estate lawyer ensures that the transaction is compliant, safe and transparent. They handle issues such as:
- Marital property implications and inheritance procedures.
- Building licences and property type verification.
- Compliance with money laundering regulations.
- Power of attorney drafting.
- Tax analysis and contingencies.
In international sales, where one or both parties are non-residents, legal guidance is essential to avoid mistakes and delays.
Reviewing the Real Estate Contract
Every property transaction begins with a real estate contract, the cornerstone of the entire process. This document defines:
- The rights and duties of both parties.
- The purchase price and closing date.
- What is included in the sale (fixtures, appliances, etc.).
- The buyer’s rights to inspections.
- The seller’s obligations regarding repairs.
- The type of title deed to be provided.
Having a lawyer review this document ensures that your interests are protected and that you fully understand the legal implications before signing.
Once the contract is signed, both parties are bound by it — and any misunderstanding can lead to costly consequences.
Can You Sell Without a Lawyer?
Yes, but doing so leaves you unprotected.
Without a lawyer, you risk losing time and money, especially if the buyer has professional legal assistance.
Not hiring a lawyer is not a saving — it’s a risk.
How Much Does a Property Lawyer Cost?
There is no fixed fee, as each transaction is different.
Typically, a property lawyer charges between 1% and 2% of the property’s value.
This cost covers legal reviews, documentation, registration, and protection throughout the process — a small investment compared to the potential losses that can arise without proper advice.
Additional Legal Situations
If you remortgage with the same lender, no legal assistance is required.
However, if you change mortgage provider, the title deeds will be transferred — and a lawyer must intervene to handle the legal documentation.
Conclusion: Invest in Security
Whether you are selling or buying, hiring a property lawyer in the Balearic Islands ensures that the transaction is safe, compliant and transparent.
At Frau Legal, we protect your interests from the first document to the final signing — because your money, peace of mind, and legal security depend on it.
