No, just like in any other country, not all Spanish lawyers can automatically be 100% trusted. Buying a property in Spain without a real estate agent and solely with a lawyer (Abogado) is certainly possible. A lawyer in Spain checks the legal, town-planning, and tax status of the property. However, in Spanish real estate practice, foreign buyers regularly encounter problems due to passivity, insufficient expertise, or conflicts of interest on the part of the chosen lawyer.

The 4 Biggest Risks with Lawyers in Spain

• Conflict of interest (The "friends of the agent/seller"): If a lawyer is recommended by the seller, the developer, or an agent, there may be a dual agenda. If the lawyer discovers a legal issue and cancels the purchase, the seller/agent loses the deal. Consequently, some lawyers are too 'lenient' in their due diligence to avoid damaging their relationship with the seller or agent.
• Not a real lawyer (The Gestor): In Spain, many administrative agencies (gestorías) or "property consultants" operate. On their websites, they sometimes call themselves property lawyers or legal consultants, but they are not sworn lawyers (Abogado). A gestor mainly handles paperwork, lacks deep legal training, and often carries no mandatory professional indemnity insurance for major errors.
• Passivity ("Checklist lawyers"): Some lawyers do no more than the absolute minimum: they request a Nota Simple (land registry excerpt) and accompany you to the notary. However, they forget to conduct deeper investigations, such as:
  • Checking with the town hall (Ayuntamiento) whether the swimming pool, terrace, or an extension was built illegally.
  • Requesting the minutes of the Homeowners' Association (HOA / Comunidad) to check for planned high costs (derramas).
  • Verifying whether the property possesses a valid occupancy license (Licencia de Primera Ocupación).
• Unclear fees: Some firms lure clients with low prices, but later charge extra fees for applying for the NIE number, land registry enrollment, utility transfers, or translation services.

How Do You Ensure You Choose a 100% Reliable Lawyer?

To ensure your purchase without an agent proceeds safely, you must subject your lawyer to the following 4 conditions:

1. Check the registration number (Número de Colegiado) An official lawyer in Spain is required to be registered with the Spanish Bar Association. Ask the lawyer for his or her Número de Colegiado and the city of the Bar Association (e.g., Colegio de Abogados de Málaga or Alicante). Check this number for free via the official national register of the Spanish legal profession: Censo RedAbogacía (CGAE). If the person is not listed, they are not a sworn lawyer.
2. Choose the lawyer yourself Find an independent firm yourself (for example, a Spanish law firm with Dutch- or English-speaking lawyers) and never use a lawyer recommended by the selling party.
3. Request a written Hoja de Encargo (Service Agreement) A professional lawyer commits in writing beforehand:
   • Which specific tasks are included (Due diligence, town-planning checks at the town hall, HOA checks, tax settlement, utility transfers).
   • The exact total price (usually around 1% of the purchase price excl. VAT, or a fixed fee) including an overview of additional administrative expenses (suplidos).
4. Demand a written Due Diligence Report (Informe Jurídico) Agree in advance that the lawyer will deliver a written final report on the legal and town-planning status of the property before you transfer any deposit or the 10% down payment (Contrato de Arras). A good lawyer puts their findings and advice in black and white.

Conclusion

Buying a property using only a lawyer is a safe method, provided you have sufficient market knowledge and choose a sworn, independent lawyer (Colegiado) who performs a complete written due diligence investigation before you sign contracts or transfer money.