The WhatsApp that can cost you €20,000
“This house will fly. If you place the reservation today, I’ll hold it for you.”
That line hits you straight in the chest. You already picture yourself on a terrace in Dénia with a cold wine. You tap. You wire €5,000. And you think you’ve “secured” the purchase.
Now breathe: what have you actually secured? Nothing. Without due diligence, without exit clauses, without checking encumbrances at the Land Registry, without reviewing planning issues or taxes, you’ve signed that if anything goes wrong, you’re the one who loses.
Buying a home in Spain as a foreigner isn’t about “lining up viewings” and “reserving with the agent.” It’s about not donating months and thousands by taking shortcuts.
The scene everyone lives through and almost no one questions
You come to the Costa Blanca for two or three days, tour Oliva, Dénia and Xaló, the agent seems nice (friendly, knows the area, replies instantly). They send you a “reservation” or “deposit (arras)” template to sign online. It has logos, looks serious.
Meanwhile, “small” details are left hanging:
- NIE still without an appointment or in process (and the bank won’t open an account without an NIE).
- Mortgage “pre-approved” in your country, not in Spain (spoiler: not the same).
- Land Registry extract (nota simple) not requested with current date (you don’t know if there’s a mortgage, lien, usufruct or easement).
- Habitation certificate (licencia de segunda ocupación), IBI property tax and community fees… “we’ll see” (sure?).
- The terrace “renovation” isn’t in the Cadastre or the Land Registry (but hey, “it’s all fine”).
And you, trusting, think: “the agent will sort it with the notary.”
The blind spot that gets you in trouble
Real estate agent vs lawyer: who protects what?
Your agent, no matter how pleasant, gets paid if the sale closes. They represent the seller or the deal, not your legal interests. It’s not their role —nor their obligation— to fight for your clauses, check planning, or negotiate penalties in your favor.
An English-speaking lawyer on the Costa Blanca (yes, someone who speaks your language) lives off the opposite: preventing you from signing something that ties your hands, adding conditions that protect you, and stopping the deal if it smells bad. That’s the real difference in any “real estate agent vs lawyer” debate.
What a Spanish notary checks (and what they don’t)
In 2025, notaries in Spain do their job: verify identities, explain the document, check ownership and registered encumbrances on the day. Good. But the notary does not:
- Investigate planning files or municipal sanctions.
- Confirm that extensions are declared and legal.
- Proactively review community debts, utilities, occupation or whether the home qualifies for tourist letting.
- Negotiate your timelines, your financing conditions or an out if the bank is delayed.
Translation: the notary doesn’t do your conveyancing. That’s the due diligence your lawyer must lead. Period.
When nothing changes: the hidden bill of buying “by eye”
Here’s a story we see often around Gandia and Dénia. Dutch couple signs a €6,000 “reservation” on Friday, with 30 days to sign the deposit (arras). The Spanish bank takes 45 days for AML compliance and because the NIE arrived late. Result? They lose the deposit “for delay attributable to the buyer.” Six thousand gone. Dream over. Summer ruined.
Another: a Brit buys a villa in Oliva with a “small renovation.” The terrace and pool don’t appear in the Land Registry or the Cadastre; there’s an open planning enforcement file. He sells cheaper or spends thousands to regularize. Whose responsibility was it to check that beforehand? Yours, via your lawyer.
And the most painful: you buy without checking community debts and swallow €4,200 from the previous owner. Yes, in Spain those debts “run with the property.” You find out after you’ve changed the lock.
The uncomfortable truth that saves you months and thousands
The purchase isn’t won at the notary. It’s won before, in the paperwork no one wants to read. It’s won in the deposit (arras) negotiation, in the suspensive conditions and in the Costa Blanca property due diligence that catches the ugly stuff in time.
The counter-intuitive idea? Paying a lawyer isn’t a cost: it’s the only guaranteed discount. Because the discount isn’t always in the purchase price; it’s in not losing your deposit, not inheriting fines, not paying Plusvalía Municipal that isn’t yours, not buying a problem.
“Signing fast” is the most expensive strategy in the Spanish property market.
Your drama-free summer: what it looks like when you do it right
You wake up in Altea, open your email and you’ve got a clear report in English with everything: encumbrances, planning, licenses, community, IBI, timelines and a checklist of who does what. The agent is happy, the seller too, and you don’t flinch when you hear “notary.”
Turns out the terrace wasn’t declared: a regularization is negotiated at the seller’s expense and the price adjusted. Your deposit (arras) contract includes a financing condition and automatic extension if the bank needs more time. On signing day someone on your side is at the table (or signs for you with a power of attorney). You leave with keys, utilities changed and a tax calendar. Beach.
No-excuses plan: how to close safely on the Costa Blanca
The reservation: if you’re going to sign it, make sure it protects you
“Reservations” and “arras” aren’t innocent papers. There are confirmatory, penal and penitential deposits (Art. 1454 of the Civil Code). If you sign without adding conditions, you accept losing the money for any delay. Are you really going to hand over €5,000 for a two-page PDF someone sent you on WhatsApp?
Express legal checklist (the bare minimum)
This is the baseline we at Coast Law Firm review and negotiate in a conveyancing Costa Blanca service for anyone buying a home in Spain as a foreigner:
- Identification & authority: NIE application and issuance, power of attorney if you can’t travel. Sworn translations when required.
- Registry due diligence: Current nota simple, ownership, encumbrances (mortgage, lien, usufruct), easements, inheritance/divorce situations, recorded planning burdens.
- Planning & Cadastre: Match between Land Registry–Cadastre areas, undeclared works, licenses, Town Hall files, certificate of age/“fuera de ordenación” (non-conforming) when applicable.
- Financial status: IBI paid, Plusvalía Municipal, community debt certificate up to date, utilities, existing rentals, occupation.
- Shielded arras: Financing condition, reasonable timeline, automatic extension if the bank or notary requests documents, symmetrical penalty for the seller, refund of deposit if undeclared encumbrances or planning issues appear.
- Tax: Calculation of ITP or VAT + AJD, 3% withholding for non-resident sellers (Modelo 211) when applicable, optimization if buying with a mortgage or as a couple.
- Bank: Account opening, AML compliance, coordination with the gestoría, funds provision and banker’s draft for signing.
- Notary & signing: Draft deed review, coordination with the notary, acta de manifestaciones, allocation of costs, presence or signing via attorney-in-fact.
- Post-completion: Tax filing, lodging at the Land Registry, utility changes, IBI and refuse tax setup, and a calendar of upcoming payments.
Bonus if you plan to rent short-term: we verify whether your area allows a tourist license and under what conditions. Rules change by municipality; better to know before promising returns built on half-truths.
Questions that save you (if they make you uncomfortable, you’re on the right track)
Ask yourself these today, before moving a euro:
- If tomorrow my Spanish bank asks for 15 more days, do I lose the deposit or do I have an automatic extension in writing?
- Does the home’s area match across Land Registry–Cadastre–reality? Do I have it in writing?
- Is there a Town Hall note confirming no open files or sanctions?
- Has the seller provided a community certificate and up-to-date IBI and refuse tax receipts?
- Who pays the Plusvalía Municipal in my specific case? (Not always “the seller, period.”)
- Have I seen the draft deed before signing day, or am I improvising at the notary?
Why Coast Law Firm and not your “Facebook group”
Because we’re not paid to close fast; we’re paid to close right. At Coast Law Firm we work with fixed fees when possible, provide clear reports in English, Spanish, French, German or Dutch, and have boots on the ground in Gandia, Oliva, Dénia, Xaló and Altea. We know the local notaries, registrars and agents. That speeds things up, yes, but above all it avoids surprises.
And no, we won’t drown you in jargon. We tell you what to sign, what not to, and why. With checklists, timelines and owners of each task. No smoke.
Your decision now: terrace in peace or problems with a view
The Costa Blanca is to be enjoyed, not litigated. If you want to bet your summer on a WhatsApp, go ahead. If you want to sleep well, get a lawyer on your side before sending a euro of “reservation.”
Take the simple first step:
- Request a free initial consultation about your purchase and the deposit (arras) contract.
- Ask for a fixed-fee quote for conveyancing with deliverables and timelines.
- Receive our legal checklist for buying in Spain as a foreigner.
Contact Coast Law Firm and avoid paying for other people’s mistakes. A good agent sells homes; a good lawyer stops you from buying problems.