Property Lawyers for American Clients in Spain

Buying a home in Spain from the United States? We act for American buyers and sellers on the Costa Blanca, from our office in Jávea and our associated office in Dénia: independent Spanish property lawyers, working in English, who check the property, negotiate the contract and complete the purchase for you, in person or entirely from the US. We are Spanish lawyers and we cover the Spanish side; for your US tax and estate position, please speak to your US adviser.

We are listed on the U.S. Embassy Madrid’s list of attorneys for the Valencia and Murcia region.

Free guide: Spanish Property for U.S. Citizens — buying, selling, inheriting and gifting a property in Spain.

Why a lawyerWhy American buyers need an independent lawyer in Spain

Buying in Spain works very differently from buying in the United States. There is no escrow company and no title insurance as you know it. The Spanish notary is an impartial public official: he authorises the deed, checks the identities, the Land Registry information and the formalities, but he does not act for the buyer. The estate agent helps you find the property. The professional whose job is to protect you alone is your own independent lawyer.

The state of the building, the boundaries and the surface area are a technical matter. For a villa we always advise an inspection by an architect. We can put you in touch with Sergio Tomás Arquitectos in Jávea, an architect we usually work with, or you can instruct one of your own choice.

Before you signWhat we check before you commit

• TitleThe registered owner at the Land Registry, and any mortgages, embargoes or other charges.
• DescriptionThe Catastro description compared with the deed and the Land Registry.
• LicencesBuilding licences, the occupancy licence and any planning infringement on record at the town hall.
• PaymentsIBI, rubbish rate and community fees paid up to date.
• CoastThe Coastal Law position for sea-front properties.
• CertificatesThe energy certificate and, where relevant, the tourist licence.

Step by stepHow the purchase works

After the legal checks comes the private contract, usually with a penalty deposit (arras penitenciales): if the buyer withdraws, the deposit is lost; if the seller withdraws, it is returned doubled. Completion takes place before the notary, where the price is paid and the deed is signed. We then pay the purchase taxes and register the property in your name at the Land Registry.

From the USBuying without travelling to Spain

With a power of attorney signed at a Spanish consulate in the United States, or before a US notary and legalised with the Hague Apostille, we can complete the whole purchase on your behalf: the private contract, the payment of the price, the signing before the notary and the registration in your name.

The only step that has to be done in person is the NIE, the Spanish foreigner’s identity number every buyer needs. It is obtained at a Spanish consulate in the US or at a police station in Spain, normally with an appointment booked in advance; it cannot be obtained by power of attorney.

Also for American clientsSelling and inheritance

• SellingPaperwork ready before the house goes on the market, the contract with the buyer, the signing before the notary and the non-resident seller’s formalities in Spain.
• InheritanceIf you inherit a property in Spain, we handle the Spanish side: acceptance before the notary, Spanish inheritance tax and registration in the heirs’ names.

ExamplesWhat this looks like in practice

Illustrations of situations we see regularly, not accounts of particular transactions.

• A sea-view villa in Jávea, €2.8 millionA couple from California buy a villa above the Portitxol. The checks show a pool terrace that is not in the deed; the contract makes completion conditional on the seller declaring it first, after their architect has inspected it. They sign everything at the Spanish consulate in Los Angeles and fly over to collect the keys.
• A new-build villa in Moraira, €3.6 millionA family from Texas buy off-plan. Each payment on account is covered by the bank guarantee or insurance required by Spanish law, the contract fixes the specifications and the delivery date, and completion takes place once the developer has the occupancy licence.
• A first-line home in Dénia, €1.9 millionA New York buyer wants a house by the sea at Les Rotes. Before any deposit is paid, we check how the Coastal Law affects the property and what can be done with it later.
• An apartment in Dénia, €300,000A retired American couple buy a two-bedroom apartment near the marina. The Land Registry still shows an old mortgage; the contract requires the seller’s bank to cancel it at the notary on completion day, and the community confirms in writing that the fees are paid up to date.
• A townhouse in Jávea, €600,000An American family buy a townhouse in the Arenal area for the holidays. The listing says it can be let to tourists, but no tourist licence is registered. They decide to go ahead knowing it, and the price is adjusted before the contract is signed.
• A resale villa in Moraira, €800,000An American couple buy a villa whose garden casita is not in the deed or the Catastro. Their architect reviews it; the contract fixes who regularises it and holds back part of the price until it is done. They sign everything by power of attorney.

Where we workAreas we serve

From our office in Jávea and our associated office in Dénia, we act for American clients across the Marina Alta and beyond: Jávea (Xàbia), Moraira, Benitachell, Teulada, Benissa, Calpe, Dénia, Pedreguer, Jalón, Pego, Oliva and Altea. Meetings take place at our office in Jávea or by video call, at a time that suits you in the US.

Questions

Can Americans buy property in Spain?

Yes, with no restrictions. You will need an NIE, which has to be obtained in person, at a Spanish consulate in the US or in Spain.

Do I need to travel to Spain to buy?

No. With a power of attorney signed at a Spanish consulate or before a US notary with an apostille, we complete the purchase on your behalf.

Do you advise on US law or US taxes?

No. We are Spanish lawyers and we cover the Spanish side only. For US legal or tax matters, please consult your US adviser.

How we work

See also our guides to buying property in Spain vs the US, inheritance in Spain for American citizens, first-line property and the Coastal Law, selling property in Spain as a non-resident and our property lawyers on the Costa Blanca.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your purchase

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Buying by the sea? See first-line property and the Coastal Law.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every purchase is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every purchase is different and you should take advice on your own circumstances before acting.