Straight talk · 2 July 2026 · 4 min read
Why your lawyer should never be the agent's lawyer.
Somewhere around the second viewing, the agent says it: “We have a lawyer we always use. Very good, speaks perfect English, handles everything.” It sounds like a favour. Sometimes it even is one.
But look at the incentives for a second.
The agent is paid on completion. No sale, no commission. A lawyer who gets a steady stream of clients from that agent has a quiet, human incentive to keep transactions moving, and every legal problem found in due diligence is a threat to the transaction. Most recommended lawyers are honest. You are not spending €350,000 on “most”.
What independence actually buys you
A truly independent lawyer works for exactly one person: you. When they check the property for debts, embargoes, missing licences or community arrears, a problem found is their job done well, not a deal at risk. That difference in incentive is worth more than any difference in skill.
In Spain the stakes are higher than at home, because debts can follow the property, not the person. Buy an apartment with unpaid community fees or an outstanding charge and parts of that bill can become yours. The person checking needs no reason to look away.
The test
Three questions before you appoint anyone. Who referred them to you? If the answer is the selling agent, keep looking. Do they act for the seller or developer in any capacity? The answer must be no. And are they a practising lawyer registered with a Spanish bar (colegio de abogados), not just a gestor or an administrator? Check the registration, it takes two minutes.
What it costs
Around 1% of the purchase price plus VAT. On a €350,000 purchase, roughly €4,200. It is the best money in the entire transaction, and it is not the place to save.
Our position is simple: we introduce buyers to independent, English-speaking legal teams on the coast, they pay the lawyer directly, and the lawyer answers to them alone. That is how it should work, and any structure where it does not deserves your suspicion.