Legal checks every buyer must do before signing a reservation contract

Legal checks every buyer must do before signing a reservation contract

For many international buyers, signing a reservation contract is the first real step towards securing a property in Spain. It usually involves paying a deposit to take the property off the market.

However, this is also one of the most critical moments in the entire buying process.

Signing too quickly, without proper legal checks, is one of the most common and costly mistakes foreign buyers make on the Costa Blanca.

What is a reservation contract in Spain?

A reservation contract is a private agreement between buyer and seller that removes the property from the market in exchange for a deposit.

This deposit is typically between 3.000 € and 6.000 €, depending on the property and agency.

Although it may seem like a simple step, it is legally significant and should never be signed without prior verification.

Why you should never sign without legal checks

Many buyers feel pressure to act fast, especially in high-demand areas. Developers and agents may encourage quick decisions to secure the property.

But signing without proper checks can expose the buyer to serious risks, including:

• Hidden debts attached to the property
• Illegal constructions or planning issues
• Problems with ownership or registration
• Clauses that are not in the buyer’s interest

Once the reservation is signed and the deposit is paid, recovering that money can be difficult.

Essential legal checks before paying any deposit

Before signing any reservation contract, the following checks should always be carried out:

1. Land registry check (nota simple)

This document confirms:

• Who the legal owner is
• Whether there are mortgages or charges
• If there are embargoes or legal issues

It is the first and most important verification step.

2. Urban and planning status

Especially important for:

• Villas
• Rural properties
• Older constructions

The buyer must verify that:

• The property is legally built
• It complies with urban planning regulations
• There are no sanctions or demolition risks

3. Licences (new build properties)

For new developments, it is crucial to confirm:

• Building licence
• First occupation licence (or equivalent)
• Bank guarantees for payments

Buying without these checks can create serious legal and financial problems.

4. Contract conditions and clauses

Reservation contracts often include clauses that favour the seller or developer.

A legal review ensures:

• Clear deadlines
• Refund conditions in case of issues
• No abusive or unclear clauses

Every contract should be reviewed individually.

The real risk: acting too fast

The Costa Blanca is a competitive market, and good properties can sell quickly. This creates urgency.

However, making a rushed decision is exactly what leads to problems later.

A secure purchase is not about being the fastest buyer — it is about being the most informed.

How to protect yourself as a buyer

The safest way to proceed is:

• Carry out all legal checks before paying any deposit
• Work with an independent lawyer
• Never rely solely on the seller or developer’s information

This approach ensures that the property is legally sound and the transaction is secure.

Final thoughts

Signing a reservation contract is not just a formality — it is a legally relevant step that can define the success or failure of the entire purchase.

On the Costa Blanca, where international transactions are common, taking the time to verify every detail before committing financially is essential.

A careful and well-advised buyer avoids risks, protects their investment, and ensures a smooth and successful purchase process.