Buying Property in Spain? Don't Sign a Single Reservation Contract Before You Watch This (part 1)
Buying a new build property in Spain can be exciting — especially when you finally find the apartment, townhouse or villa you have been looking for. But there is one moment when you should slow down rather than rush. That is when you are asked to sign a reservation contract and pay a deposit. Before signing anything, it is important to understand exactly what you are agreeing to, what happens to your money and what protection you have if something goes wrong. That is why we asked Michael from My Lawyer in Spain to explain the new build reservation process and answer some of the questions buyers ask us most often.
Buying Property in Spain? Get Your Lawyer Involved Early
One of the biggest mistakes international buyers can make is waiting until they have already signed something before speaking to an independent Spanish lawyer. Your lawyer should be working for you, not for the developer, estate agent or seller. This is particularly important when buying a new build property in Spain because the legal process can be quite different from what buyers may be familiar with in the UK or other countries. An independent lawyer can review the property, the developer and the documentation before you commit yourself financially.
When Should You Appoint a Lawyer?
Ideally, before you sign a reservation contract. If you are planning a viewing trip to Spain, it can therefore make sense to have your independent lawyer arranged before you travel. That way, if you find your perfect property, you already know who will review the paperwork and advise you before you sign. It can make the whole buying process feel much more controlled.
What Should You Check Before Signing a Reservation Contract?
A reservation contract may look straightforward, but the details matter.
Before signing, your lawyer should check exactly what the reservation covers, how much you are paying, the circumstances in which the deposit can be returned and what happens if the purchase cannot proceed.
One particularly important question is: Is your reservation deposit refundable?
The answer can depend on the terms of the contract and the circumstances involved, which is why you should never assume that paying a reservation deposit automatically means you can get the money back if you change your mind. This is one of the reasons we recommend having the contract reviewed before you sign it, rather than afterwards.
What Happens If Something Goes Wrong?
Another important area covered in our video is force majeure. This is a legal concept relating to exceptional circumstances outside the control of the parties involved. How it applies will depend on the individual contract and circumstances, but it is an important point for buyers to understand when purchasing a new build property. A good independent lawyer will explain the relevant clauses in plain English and make sure you understand what you are agreeing to.
How Much Does a Spanish Property Lawyer Cost?
This is another question buyers often ask. Legal fees can vary depending on the lawyer, the property and the complexity of the purchase, so it is sensible to ask for the fees and services to be explained clearly at the beginning. You should also know what documentation and invoices you will receive and how payments can be made. The important thing is not simply choosing the cheapest option. When you are potentially investing hundreds of thousands of euros in a property in Spain, having proper independent legal advice can be one of the most valuable parts of the buying process.
What Should You Do When You Find Your Dream Home?
This is where emotions can take over. You have found the perfect new build apartment. You love the location. The views are exactly what you wanted. The developer tells you that another buyer is interested. It can be tempting to sign immediately. Instead, take a breath. Speak to your independent lawyer and have the reservation contract reviewed before committing. At CASA PRO Properties, our role is to help make the process easier for international buyers — including connecting buyers with the professional services they need throughout the purchase. You can learn more about our Buyer Services and how we support clients from the first viewing through to completion.
Buying a New Build in Spain Should Feel Exciting — Not Risky
Buying property in Spain should be an exciting experience. Whether you are moving to Spain, planning your retirement, buying a holiday home or investing in a new build development on the Costa Blanca, getting the right professional advice can help you make decisions with confidence.
The key message from Michael's video is simple:
Don't sign a reservation contract simply because you have found a property you love.
Understand the contract first.
Get independent legal advice.
Know what happens to your deposit.
And make sure you understand exactly what you are committing to.
Watch the Video Before You Sign
We strongly recommend watching our full video with Michael from My Lawyer in Spain before signing a reservation contract. It covers the questions buyers should be asking, including independent legal representation, reservation deposits, contract checks, lawyer fees, documentation and force majeure.
And if you are looking for a new build property in Spain, our team at CASA PRO Properties can also help you understand the buying process and connect you with the right professional support.
Buying a property in Spain is a big decision. Take your time, get independent advice and make sure you understand the contract before you sign.
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Thinking about buying a new build property on the Costa Blanca? Contact CASA PRO Properties to arrange a viewing trip and learn how we can support you through the buying process.
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