What Differs from U.S. Expectations
If you've bought property in the United States, a few things about buying in Spain will feel unfamiliar. None of them are deal-breakers, but knowing them in advance saves time and reduces friction.
There's no MLS. Spain doesn't have a centralized multiple listing service. Properties are listed across different portals, agency websites, and sometimes not publicly at all. This is one of the reasons working with a local agent who knows the market matters — Denise tracks inventory across sources that a portal search alone won't cover.
The NIE comes first. Before you can sign a purchase contract, you need a Número de Identificación de Extranjero — a Spanish tax ID for foreigners. Americans can apply at a Spanish consulate in the U.S. or in person in Spain. The timeline varies, so start early.
The role of the notary is different. In Spain, the notary is a public official who verifies that the transaction complies with the law and that both parties understand what they're signing. The notary does not represent either side. Your lawyer represents you.
Your lawyer does the due diligence. Unlike in many U.S. transactions where title companies handle searches and escrow, in Spain your lawyer checks the property's legal status — ownership, debts, charges, planning permissions. Choosing a good lawyer is one of the most important decisions you'll make.
Title insurance isn't standard. It exists but isn't common in Spain. Your lawyer's due diligence serves the function that title insurance covers in the U.S.
Closing works differently. The final step is signing the escritura (purchase deed) before a notary. Both parties — or their legal representatives — are present. The balance is paid at signing, and ownership transfers immediately. There's no separate "closing day" process with a title company.
Tax obligations continue after purchase. As a non-resident property owner in Spain, you'll have ongoing tax obligations — including non-resident income tax (even if you don't rent the property) and local property tax. The U.S.-Spain tax treaty affects how some of this is handled, but you'll want a tax advisor who understands both jurisdictions.
Financing is possible but different. Spanish banks do offer mortgages to Americans, typically at 60–70% loan-to-value for non-residents. The application process, documentation requirements, and approval timelines differ from U.S. mortgage lending. Start the conversation with a mortgage advisor early if you plan to finance.
What to Prepare Before Your Viewing Trip
The more you have in place before you arrive in Málaga, the more your trip can focus on the actual decision rather than logistics.
Apply for your NIE. If there's a Spanish consulate accessible to you, apply before your trip. Processing times vary — some consulates take weeks, others are faster. Having your NIE in hand means you can move quickly if you find the right property.
Identify a lawyer. Find a lawyer who specializes in Spanish property transactions and works with American clients. Ideally someone who speaks English fluently and understands the cross-border tax implications. Denise can recommend professionals she works with regularly.
Explore financing early. If you're considering a mortgage, talk to a Spanish mortgage advisor before your trip. Understanding what you qualify for, the terms available, and the timeline for approval helps you set a realistic budget and avoid delays.
Know your budget in full. Beyond the purchase price, factor in transfer tax (or VAT for new builds), notary fees, registration fees, legal fees, and any renovation costs. A common estimate for total transaction costs is 10–13% on top of the purchase price for resale properties. Your lawyer can give you a more precise figure.
Define your priorities. Tell Denise what matters — neighborhood preferences, space requirements, budget range, whether you need parking, how important outdoor space is, and what your timeline looks like. The clearer you are, the more focused your shortlist will be. The neighborhood comparison can help you start thinking about which area fits.
Read the relocation guide. The guide for Americans moving to Málaga covers the broader picture beyond the purchase — residency considerations, daily life, and what to expect as an American living in Spain.
How to Plan a Short Trip Efficiently
Most American buyers visit Málaga for a focused viewing trip of three to five days. Here's how to make the most of it.
Connect with Denise before booking. She'll help you understand how many days you need based on your shortlist and whether your search spans one neighborhood or several. Booking flights before you have a plan often leads to wasted time.
Arrive with a shortlist, not a blank slate. Denise builds and shares the shortlist before your trip. You'll know what you're seeing, where it is, and why it's on the list. This means your first morning in Málaga can start with a viewing, not with research.
Group viewings by neighborhood. Denise organizes viewing days so you're seeing properties in the same area on the same day. This eliminates cross-city travel and lets you compare properties in context — you're not just seeing apartments, you're experiencing the neighborhood.
Budget time for walking. Between viewings, walk the streets. Have coffee at a local spot. Sit in a plaza. The apartment is one decision; the neighborhood is another. Both need to feel right.
Take notes and photos. By your third or fourth viewing, the details start to merge. Denise provides notes on each property, but your own impressions matter too.
Be prepared to act. The Málaga market can move quickly. If something fits, having your lawyer and financing in order means you can make an offer with confidence rather than asking for time you might not have. This doesn't mean rushing — it means being ready.
Plan a second visit if needed. Some buyers make a decision on their first trip. Others prefer to return for a focused follow-up. Both approaches are normal.
How Denise Helps American Buyers
Denise works with American buyers regularly and understands the specific points where the process feels unfamiliar or confusing.
She translates the process, not just the language. Denise explains how the Spanish system works in terms that make sense to someone used to the U.S. approach. She won't assume you know what an arras contract is or how community fees work — she'll explain it in context.
She builds a focused shortlist. Instead of sending you hundreds of links, Denise curates a selection based on your specific priorities. Each property on the list is there for a reason, and she can tell you why.
She organizes your time. American buyers often have limited days in Málaga. Denise structures viewing days to maximize what you see without making the trip feel rushed.
She connects you with the right professionals. Lawyers, mortgage advisors, tax professionals — Denise has working relationships with people who specialize in helping Americans buy in Spain. She doesn't provide legal or tax advice herself, but she makes sure you're connected with people who do.
She stays involved through the process. From the first conversation to the post-purchase handover, Denise is a consistent point of contact. She coordinates between you, your lawyer, the seller's side, and any other parties involved.
Her goal is to make the process feel organized and clear — so you can focus on the decision rather than the logistics.
Your Next Step
Whether you're still researching or ready to plan a trip, the best place to start is a conversation. Get in touch with Denise — she'll help you figure out where you are in the process and what to do next.
You can also browse the listings to start getting a feel for what's available in Málaga at your price point.
FAQ
Can Americans buy property in Spain?
Yes. There are no restrictions on Americans buying property in Spain. You'll need an NIE (tax identification number) and will have specific tax obligations as a non-resident owner, but the process is open and well-established.
Do I need a visa to buy property in Spain?
No visa is needed to purchase property. However, owning property in Spain does not automatically grant you residency or the right to stay beyond the standard 90-day tourist allowance within any 180-day period. Residency is a separate process — consult an immigration lawyer if long-term stays are part of your plan.
How is buying in Spain different from buying in the U.S.?
The main differences are: no MLS, the NIE requirement, lawyer-led due diligence instead of title companies, notary role differences, the arras deposit system, and ongoing non-resident tax obligations. This page covers each of these in the section above.
How long should my viewing trip be?
Three to five days is typical for a focused search. Denise builds a shortlist in advance so your time is spent viewing and experiencing neighborhoods, not researching from your hotel. Contact Denise to start planning.
What does it cost beyond the purchase price?
Expect total transaction costs of roughly 10–13% on top of the purchase price for resale properties. This includes transfer tax, notary fees, registration fees, and legal fees. New builds have a different tax structure (VAT instead of transfer tax). Your lawyer provides the exact breakdown.
Can I get a Spanish mortgage as an American?
Yes. Spanish banks offer mortgages to non-residents, typically at 60–70% loan-to-value. The terms, documentation, and approval timelines differ from U.S. lending. Start the process early — mortgage approval can take several weeks.
What is the arras contract?
A preliminary purchase agreement signed after an offer is accepted. You pay a deposit (typically around 10%) that commits both sides. If you withdraw, you lose the deposit. If the seller withdraws, they return double. Always have your lawyer review it before signing.
Do I need to be in Spain to complete the purchase?
Not necessarily. You can grant a power of attorney (POA) to your lawyer, who can sign the escritura and handle administrative steps on your behalf. Many Americans visit for viewings and handle the rest remotely through their legal team.
What ongoing taxes will I owe?
Non-resident income tax (even if you don't rent the property), local property tax (IBI), and rubbish collection tax. If you rent the property, rental income is also taxable in Spain. The U.S.-Spain tax treaty may affect how some income is treated. Work with a tax advisor who understands both jurisdictions.
Should I use a U.S.-based or Spain-based lawyer?
A Spain-based lawyer who specializes in property transactions is essential. If they also understand U.S. tax implications, that's ideal. Some American buyers also work with a U.S.-based international tax advisor alongside their Spanish lawyer. Denise can recommend professionals.
Which neighborhood in Málaga is best for Americans?
It depends on your lifestyle. The neighborhood comparison breaks down Centro, Soho, and Teatinos by buyer profile. The guide for Americans moving to Málaga covers the broader lifestyle picture.
What if I'm not ready to buy yet?
No problem. Many American buyers start with a conversation months before they're ready. It's a good way to understand the market, get your questions answered, and start building a shortlist so you're prepared when the time comes.
