What legal diligence should an agent perform in 2026?

A skilled real estate agent on the Costa del Sol in 2026 should perform extensive legal due diligence to protect their client's interests. This includes verifying the seller's legal ownership of the property through the Spanish Land Registry (Registro de la Propiedad) to ensure there are no outstanding mortgages, liens, or encumbrances. They should also confirm the property's legality by checking for all necessary planning permissions and licenses, ensuring it complies with local and regional urban planning regulations, particularly crucial in areas prone to past irregularly built properties. Furthermore, the agent must ascertain that all utility bills, community fees, and local taxes (like IBI - Impuesto sobre Bienes Inmuebles) are up-to-date, preventing unforeseen debts from transferring to the new owner. They should also confirm the Energy Performance Certificate (EPC) is valid and available, as this is a legal requirement for property sales in Spain. Understanding the implications of any non-resident tax obligations for the seller and how they affect the buyer (e.g., retention for capital gains tax) is also critical. Essentially, a competent agent acts as the vital first line of defense, proactively identifying and addressing potential legal pitfalls before a buyer commits to a purchase, thereby significantly mitigating risk and ensuring a smooth, legally sound transaction process.