Sanja Borkovic

9 Essential Differences When Buying a Home in Madrid as a North American Buyer 

What the process looks like once you understand how it actually works These are the nine areas where almost every North American buyer feels the gap. 1. There is no central MLS and information is uneven Spain has no unified Multiple Listing Service. The same apartment appears on multiple portals with different photos, prices, and descriptions. Many agents work for the seller and prioritise speed over accuracy. Replies are often slow or incomplete even at higher price points, and most agents prefer WhatsApp or phone calls over email. If you come from an organised MLS environment, this feels scattered. It becomes navigable once you have a dedicated buyer’s agent who understands the logic behind the listings rather than just the listings themselves. 2. The arras contract is binding and the financial consequences are real After a small reservation payment, the process moves quickly to the Contrato de Arras, typically with a deposit of around 10 percent of the purchase price. Once signed, this contract is binding. Back out without a protected legal reason and you lose the deposit. If the seller backs out, they owe you double. Spain does not include financing clauses or inspection contingencies by default. Those protections exist only if negotiated and written in before signing. Most buyers don’t know to ask for them. 3. Mortgage approval comes later, and the valuation follows your application Spanish banks do not issue meaningful pre-approvals the way North American lenders do. The formal valuation happens only after your bank has accepted your loan application. Final approval often comes close to the closing date. Non-residents in Madrid are typically offered 60 to 75 percent loan-to-value. That figure is based on whichever is lower: the agreed purchase price or the bank’s official tasación. If the valuation comes in below the purchase price, the bank finances a percentage of the lower figure. You cover the difference in cash, frequently after you have already signed the binding arras contract. You need time, flexibility, and a genuine cash buffer beyond what the purchase price alone suggests. 4. Inspections are optional, but skipping them is a mistake Spanish law assumes the buyer accepts the property as seen. Inspections happen only if you request one, and many buyers skip this step because nothing in the process prompts them to do otherwise. In older Madrid buildings, an inspection routinely surfaces structural issues, humidity problems, outdated wiring, and plumbing that will need replacing. The cost of the inspection is modest. The cost of discovering those problems after you own the property is not. 5. The notary is neutral and does not represent you The notary verifies identities, reviews the deed, confirms legal compliance, and formalises the transfer. That is the full scope of their role. They do not perform due diligence on your behalf and they do not represent your interests. Many North American buyers assume the notary functions like a buyer’s solicitor. They do not. You need your own independent legal team reviewing the title, zoning, outstanding debts, and building documents before you sign the arras, not on the day of completion. 6. Closing costs are higher than most buyers expect Madrid has one of the lowest Property Transfer Tax rates in Spain at 6 percent for resale homes. Add notary fees, registry fees, and legal fees, and total closing costs typically land between 10 and 12 percent of the purchase price. This is cash required upfront, on top of any deposit. Buyers who model their finances based on North American closing cost assumptions regularly find themselves short. Calculate the full cost of acquisition before you commit to a price range. One additional mechanism worth understanding before you make an offer: Spanish tax authorities calculate ITP on the Valor de Referencia, a government-set reference value for each property, rather than automatically on the agreed purchase price. If you negotiate a price below that reference value, you are still taxed on the higher government figure. A buyer who pays €280,000 for a property with a Valor de Referencia of €310,000 owes ITP on €310,000. Checking the reference value before an offer goes in is part of understanding what a transaction actually costs. 7. You may inherit building debts and approved future expenses In Spain, certain debts transfer with the property rather than with the seller. Unpaid community fees, unpaid local taxes, and works the building community has already voted to approve all become your liability once you complete the purchase. Buildings over 30 years old in Madrid are subject to a mandatory ITE report, a technical inspection identifying structural issues and required repairs, renewed every 10 years. Given that threshold, any building constructed in 1996 or earlier falls under the current mandate. Checking the Certificado de deudas con la comunidad and reviewing the ITE report before you sign is not optional due diligence. It is basic protection. 8. Preparing funds for closing takes several days Final funds at a Spanish closing are delivered by certified cheque from a Spanish bank or a pre-cleared transfer. Banks typically require three to five business days to prepare these funds due to internal compliance checks. North American buyers often expect same-day availability. Plan the timing of your funds well ahead of your signing date. This also applies to currency exchange. Buyers transferring dollars or Canadian dollars into euros through standard bank wires routinely lose one to three percent of their budget to unfavourable rates. A currency specialist rather than a retail bank wire is worth arranging before funds need to move. 9. Buying property does not grant residency Spain removed the real estate option from the Golden Visa programme on 3 April 2025. A property purchase no longer supports a residency application. If residency is part of your plan, the current pathways include the Non-Lucrative Visa, the Digital Nomad Visa, and other immigration routes. The purchase itself has no bearing on your residency status. Buyers relying on information published before April 2025 may not know this yet, and a significant amount of