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Mercader Legal · Madrid & online across Spain

Property and rental matters in Spain

A property in Spain is usually your largest exposure here. We review deposits and purchase contracts before you sign, check the registry situation, and handle rentals and property disputes — in English, with fees confirmed in writing.

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Common situations

Property situations we handle

For international owners, buyers, sellers, landlords and tenants.

  • Buying a property: deposits and purchase contracts

    Arras and private purchase contracts reviewed clause by clause before you pay or sign, with the risks explained in plain English.

  • Registry and legal checks before committing

    Ownership, charges, mortgages and registry debts verified through the land registry before you make a binding offer.

  • Selling your Spanish property from abroad

    Sale preparation, negotiation of terms and coordination with the notary, with powers of attorney where travel is not practical.

  • Unpaid rent and problem tenants

    Formal demands, lease termination and rent recovery handled with evidence and deadlines under control.

  • Deposits, repairs and landlord-tenant disputes

    Deposits not returned, habitability problems, breached clauses — for landlords and for tenants.

  • Co-ownership and community problems

    Disagreements between co-owners or with the owners’ community that block decisions about your property.

How we work

How we work, step by step

  1. Send us the documents before signing

    Draft contract, arras, listing details or registry information. We review them against your objective and flag the risks in English.

  2. Written scope and quote

    Review, negotiation support or full transaction assistance: you know the scope and the cost before we start.

  3. Negotiation and coordination

    We negotiate clauses, coordinate with the notary and the other side, and keep you informed through the portal at each step.

  4. Signing and closing report

    You sign knowing what you are signing — in person or through a power of attorney — and receive the documented outcome in English.

What we need from you

  • Draft or signed contract: arras, purchase or rental agreement
  • Land registry extract (nota simple), if you have it
  • Property details: address, cadastral reference, listing information
  • Correspondence with the other party or the agency
  • For rentals: payment records, receipts and communications about the problem

If you do not have the registry extract, we can obtain it as part of the review.

Fees

Known in advance, confirmed in writing

Contract and document reviews have published starting prices; transaction assistance and disputes are quoted in writing after we see the documents. External costs — notary, registry, translations, taxes — are never included unless expressly stated and are itemised in each quote.

A 30-minute consultation costs €90 and a 60-minute consultation costs €175, VAT included — often the most efficient way to scope a matter before any engagement.

Fees are always confirmed in writing before any engagement begins.

See our fees page (in Spanish)

Illustrative scenario

What a matter like this can look like

Illustrative scenario, not a real case nor a promise of results.

The buyer asked to sign arras "this week, or the flat is gone"

Situation

A client abroad is buying a flat in Madrid. The agency pushes for a deposit contract within days, provides no registry extract and the draft assigns all charges and costs to the buyer.

The risk of doing nothing

Signing arras under pressure without a registry check can mean inheriting debts, accepting unbalanced penalties or losing the deposit if the transaction collapses for reasons not covered by the contract.

What we would need

  • The draft arras contract and the listing details
  • Land registry extract and information on charges
  • The buyer’s timeline, financing and conditions

What the firm would do

  • Review the arras draft and rebalance the risky clauses before signature
  • Check the registry situation: ownership, mortgages and debts
  • Negotiate conditions that protect the deposit if the sale fails

Quoted separately

  • Notary, registry and taxes for the purchase
  • Sworn translations if required by the notary

Frequently asked questions

Questions international clients usually ask

Should a lawyer review the purchase before I pay a deposit?

Yes — before, not after. In Spain, deposit contracts (arras) are binding and their clauses decide what happens if either party pulls out. Reviewing the property’s registry situation, charges and the deposit contract before paying is far cheaper than litigating afterwards.

Can you check a property’s legal situation before I make an offer?

Yes. We review the land registry extract (nota simple), ownership, charges, debts visible in the registry and, where relevant, community or planning issues that the seller should disclose. You receive the findings in clear English before you commit.

My tenant in Spain has stopped paying. What can I do?

Act early and formally. We send a formal demand for payment, organise the evidence and assess termination of the lease plus recovery of the unpaid rent. Acting informally for months weakens your position and grows the debt. Court action, if needed, is quoted separately.

I am a tenant and my landlord is not complying. Do you also act for tenants?

Yes. Deposits not returned, repairs not made, clauses being breached — tenants have enforceable rights in Spain. We analyse the contract and the evidence and tell you honestly what is worth pursuing.

Do you handle the tax side of buying property in Spain?

We flag the taxes and costs that apply to your transaction and coordinate with your tax adviser where needed, but ongoing tax planning and filings are not part of the legal engagement. We will tell you exactly where our scope ends.

Start now

Send us the contract before you sign it

The initial assessment is free: we tell you what the document really commits you to and what we would change.

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Free initial assessment · We reply with fit and next step · No obligation