Different professionals, different responsibilities
| Professional | Who they serve | What they do not do |
|---|---|---|
| Estate agent | Usually the seller | Investigate licences, debts or title for you |
| Notary | The legal system, neutrally | Check planning, defects or the contract you signed months earlier |
| Land Registry | Public record | Verify that buildings are legal |
| Your lawyer | You | Act for the seller or take a commission |
What independence looks like in practice
- Your lawyer is not chosen or paid by the seller or the agent.
- Fees do not depend on the sale going ahead, so bad news is reported, not softened.
- Advice is given in writing, in English, with clear options.
- The lawyer negotiates the contract for you, not a standard form.
The documents your lawyer should connect
Problems hide in the gaps between documents. A Land Registry extract shows a three-bedroom house; the Cadastre shows a larger built area; the licence covers only part of it; the advert mentions a guest house and a tourist licence. Each document alone looks fine. Read together, they reveal an unlicensed extension and a licence that may not cover the real capacity. Connecting them is what legal due diligence is for. For villas, see villa due diligence in Mallorca.
When to instruct a Mallorca property lawyer
As early as possible. The first document agents present, the reservation, often commits a fee within days. The second, the arras contract, commits around 10% of the price under terms that make it hard to recover. A lawyer who sees both before you sign can add the protections you need: refund conditions, finance conditions, retentions and seller warranties. See reservation and arras contracts.
Choosing the right firm
- Experience with Balearic planning, rustic land and tourist licences, not just Spanish law in general.
- Advice in your language, and written reports you can share with your family or bank.
- A clear scope and a written fee quote before work starts.
- Ability to act remotely with a power of attorney.
- Coverage of the island where you buy: Mallorca, Menorca, Ibiza or Formentera.
This is the property practice of Castell.law, part of the Castell group of law firms in Palma, with more than twenty years of experience.
Before you pay a deposit, ask a lawyer
Send us the listing or the document you have been asked to sign. An English-speaking property lawyer will tell you what needs checking and what it could cost you not to.
Frequently asked questions
Is it compulsory to have a lawyer to buy in Mallorca?
No, but without one, nobody investigates the property and negotiates the contract in your exclusive interest.
Can I use the lawyer recommended by the agent?
You can, but make sure they act only for you, are not paid by the seller and have no commission on the sale.
Does the notary check the property is legal?
No. The notary checks identities, powers, the registry on the day and the deed, not planning or licences.
How much does a property lawyer cost compared with the risk?
Fees are a small fraction of the price compared with the cost of an illegal extension, a lost deposit or an unpaid debt.