You do not have to fly to Spain to buy, inherit or sell a property here. A power of attorney lets us act for you in front of the Spanish notary while you stay where you are. Tomas Ballestero Lawyers has worked this way for American clients for over 30 years, from our offices in Jávea and Valencia. We act on Spanish law only: we do not give US tax advice and we do not file US forms.
Two situations, one solution
You have inherited a property in Spain. Someone in your family died owning a house or an apartment here. Nothing can be sold, transferred or registered until the Spanish inheritance is accepted before a notary and the taxes are settled — and every heir has to appear, in person or by power of attorney. Most of our American clients give the power and never travel.
You are buying. The deed is signed before a Spanish notary on a date the seller sets, often at short notice. A power of attorney means that date is no longer your problem: we sign for you, pay the taxes and register the property in your name.
How the power of attorney works
There are two ways to sign it, and for Americans the first is usually the easier one.
At a Spanish consulate in the United States. The consulate issues the power directly in Spanish. No apostille, no translation, no further step. One appointment.
Before a notary where you live, then legalised with the Hague Apostille and translated into Spanish. Useful when the nearest consulate is far.
Either way we draft the wording ourselves and send it to you ready to sign, so that the power covers exactly what your matter needs and nothing more. A power drafted for a purchase will not work for an inheritance, and a general power that gives more than is needed is a power we do not recommend.
What we do once we hold it
- Open a Spanish bank account in your name
- Run the Land Registry and Cadastre checks before you commit
- Review the reservation and purchase contracts
- Accept the inheritance and settle inheritance tax, or sign the purchase deed
- Settle transfer tax, plusvalía and the non-resident retention on a sale
- Register the property in your name and send you the registered deed by email
Examples — what this looks like in practice
An apartment in Dénia, around €180,000. A couple in Florida buying as non-residents. Power signed at the Spanish consulate in Miami on a Tuesday morning; the deed was signed in Spain six weeks later; neither of them travelled.
A villa in Jávea, around €620,000. Two heirs in Texas who had inherited from a parent. Both gave powers, the inheritance was accepted, and the villa was sold the following year without either of them coming over.
A new-build in Valencia, around €295,000. An off-plan purchase from a developer. The bank guarantees were checked before the first payment; the completion date moved twice, which cost the buyer nothing because we were signing.
A townhouse in Moraira, around €340,000. Inherited many years earlier and never claimed. The inheritance was completed, the deed registered, and the property put on the market — the whole file handled from the United States by email.
Talk to us before you sign anything
Tell us what you have: a property, a death certificate, a will, a reservation contract — whatever stage you are at. We will tell you what the Spanish side involves and whether a power of attorney is the right route for you. Enquiries from the United States are answered within one business day.
Disclaimer
This page is general information about Spanish law and is not legal advice. Every matter depends on its own facts and documents. Tomas Ballestero Lawyers is an independent Spanish law firm; we do not advise on United States law or taxation.
