If you are thinking of buying or selling a property in Marbella, having an experienced real estate lawyer by your side can make all the difference. At Márquez Legal Lawyers, we advise both buyers and sellers throughout every stage of the transaction. We carry out a full legal review of the property, draft and check contracts, verify any charges, debts, or registry restrictions, and guide our clients through the entire process until the signing before a notary public.

Buying or selling a property is a major decision, both legally and financially. Having legal advice from the outset helps you anticipate potential issues, protect your interests, and ensure that the entire transaction is carried out with full legal certainty.

Our commitment is to provide a close, transparent and personalised service, supporting each client so they can make informed decisions with confidence and complete their transaction with total peace of mind.

How can we assist you?

  • Legal management of property transactions (residential, commercial, and land)

  • Review and drafting of purchase and sale contracts

  • Verification of encumbrances and legal status of the property in the Land Registry

  • Real estate due diligence

  • Assistance during the signing before a notary public

  • Legal advice for foreign buyers

  • Management of taxes and post-completion formalities

Why it is important to have a lawyer before buying a property?

A property transaction involves much more than simply signing a deed before a notary public. Before reaching that stage, it is essential to verify that the property is free of encumbrances, check its legal status in the Land Registry, review the planning documentation, and carefully analyse the terms of the contract in order to avoid unnecessary risks.

An error at any of these stages can lead to legal or financial issues that could have been avoided with proper legal advice. For this reason, having a specialist lawyer from the outset allows you to anticipate potential problems, protect your interests, and proceed with the confidence that every legal aspect has been reviewed before signing.

Property Purchase and Sale FAQs in Marbella

A lawyer specialising in property transactions is responsible for protecting their client’s interests throughout the entire process. They review the legal status of the property, check for any encumbrances or debts, analyse the reservation or deposit agreement, draft or review the purchase contract, and oversee the signing before a notary public. They also provide advice on taxes and associated costs to help prevent any future issues.

It is highly recommended to hire a lawyer before signing any documents, especially the reservation agreement or deposit contract. Having legal advice from the outset allows you to identify potential risks, negotiate better terms, and avoid issues that could delay or jeopardise the transaction.

Before buying a property, it is important to review the Land Registry excerpt, the energy performance certificate, the local property tax (IBI) receipt, the certificate confirming that community fees are up to date, the cadastral reference, and any planning or building permits or documents that may affect the property. This review helps prevent potential legal or financial issues.

If the property has a mortgage, a seizure, or any other registered encumbrance, it is essential to check how it will be cancelled before or at the time of completion. In many cases, the transaction can still proceed safely, provided that the encumbrance is properly discharged and the buyer acquires the property free of any obligations that have not been expressly assumed.

Yes. The notary acts as an impartial professional who certifies the transaction, but does not represent the interests of either party. A lawyer, on the other hand, advises their client exclusively, reviews all documentation, and works to prevent any legal risks before signing.

Why choose Márquez Legal Lawyers?
We provide close, transparent, and personalised legal advice so you can buy or sell your property with complete security and peace of mind.