Buying by power of attorney from abroad

Completion dates move. Flights do not refund. A power of attorney turns a fixed travel problem into a document that costs less than the flight would have.

The two routes

At a Spanish consulate in your country, where the document is drawn up in Spanish under Spanish form and needs no apostille or translation, but appointments can be scarce. Or before a local notary in your own country, which is usually quicker to arrange but then requires the Hague apostille and a sworn translation into Spanish. Both produce a valid instrument; the difference is in time and in the extra 2 steps.

Keep the scope tight

A general power that allows the holder to sell, mortgage and dispose of any asset is far wider than a purchase needs. The safer document lists the specific acts: apply for a NIE, open an account at a named bank, sign the deed of purchase for an identified property up to a stated maximum price, file the transfer tax, and register the deed. A price ceiling and an expiry date should both be included.

Who should hold it

Your own lawyer, engaged and paid by you. Not the seller's lawyer, not the estate agent, and not the developer's representative, however convenient it is presented as being. The person signing the deed on your behalf is committing your money, and their duty must run to you alone. This is the single most important point in the whole arrangement.

Each buyer needs their own power, so a couple purchasing jointly grants 2 documents.

Revoking it

A power of attorney remains in force until it expires or is revoked, and revocation is done before a notary and notified to the holder. Leaving an open ended purchase power in existence years after the purchase serves no purpose and creates an avoidable risk. Building an expiry of 6 or 12 months into the document itself is simpler than remembering to revoke it later.