What English Buyers Really Need to Know Before Buying on the Costa del Sol — Insights from Keith Spitalnick, Target Property Spain

Based on a conversation in The Country Files podcast with Peter Franke, founding partner of Franke & de la Fuente Abogados

The Costa del Sol continues to attract a significant number of buyers from the United Kingdom and Ireland. Yet despite decades of British presence in the region, misunderstandings about the Spanish property market persist — not out of carelessness, but because the systems are fundamentally different. In a recent episode of The Country Files, Peter Franke, founding partner of Franke & de la Fuente Abogados, sat down with Keith Spitalnick of Target Property Spain, a Mijas Costa–based agency that has worked almost exclusively with British and Irish buyers for over 20 years, to compare the two systems and help international buyers navigate the differences.

The Information Gap: What Buyers Assume and What Is Actually Available

In the United Kingdom, property market data is widely accessible. Buyers can consult online portals and the Land Registry to see what prices properties have actually sold for in any given street. This creates a well-informed buyer who arrives at an estate agent’s office with a strong sense of market value.

Spain operates differently. There is no equivalent public register of completed sale prices. As Keith Spitalnick explains:

“buyers in Spain are kind of limited at looking for advertised prices, which is a bit of a false economy. Because you’re not actually seeing what a property is sold for. You’re seeing the advertised sale price.”

— Keith Spitalnick, Target Property Spain

This gap has practical consequences. A British buyer who arrives on the Costa del Sol expecting the same level of market transparency as at home may find themselves poorly equipped to assess value without professional guidance. Peter Franke puts it plainly:

“knowledge is power”

— Peter Franke, Franke & de la Fuente Abogados

Knowing what is advertised and knowing what the market actually bears are two very different things — and experienced local professionals bridge that gap. Spitalnick notes that in his own practice, deep market knowledge is the core of the service:

“I have a client at a particular price point for a villa, for example, even though I’ve got access to probably over 20,000 properties on the database, in my head, I’ve probably only got 5 or 6 that are worth showing because they’re the cream of the crop.”

— Keith Spitalnick, Target Property Spain

Finding the Right Area: A Process That Takes Time

A further difference relates to buyer readiness. In the UK, a buyer who enters an agency has typically already selected their preferred neighbourhood — they know the schools, transport links, and local amenities. On the Costa del Sol, many buyers are starting from scratch. They know they want sun, but they have not yet identified which part of the coast suits their lifestyle.

“the first part of the agent’s job here in Spain is really to drill down and find what area is going to work better for them. And that can be quite a lengthy process. That can take 3, 4 days or even a week.”

— Keith Spitalnick, Target Property Spain

This also explains why the relationship between buyer and agent works differently here. Unlike in the UK, where agents typically hold exclusive listings and compete against one another, established agencies on the Costa del Sol share their property databases. The result, as Spitalnick describes it, is a more consultative model:

“all the established agents share our listings, it’s more of a consultative process here rather than trying to sell them.”

— Keith Spitalnick, Target Property Spain

For the buyer, this means one trusted point of contact can present the full market rather than only the properties held by a single firm.

The Arras Contract: A Protection British Buyers Often Appreciate

One of the most notable procedural differences is the Arras contract — the preliminary purchase agreement used in Andalucía. In the UK, no equivalent binding commitment exists between offer acceptance and exchange of contracts, leaving transactions vulnerable to being undermined by competing offers, a practice known as gazumping.

In Spain, the Arras contract locks both parties in at an early stage. Spitalnick explains the mechanism clearly:

“once you’ve signed Arras, both sides are locked in. There’s a 10% normally a 10% deposit on that contract. And if either side walks away, if the buyer walks away, he loses his 10%. If the vendor walks away, the 10% is returned to the buyer with 10% compensation.”

— Keith Spitalnick, Target Property Spain

This is a concept that tends to land well with British buyers once it is properly explained. As Spitalnick observes, “most UK clients, when I’m explaining this to them, remark on what a great system we have here.”

Peter Franke adds an important practical caveat for buyers who are simultaneously selling a UK property: if that UK sale falls through after Arras has been signed here in Spain, the buyer risks losing their 10% deposit. Professional advice before committing to Arras is therefore essential for anyone with a property chain in the UK.

The Role of a Lawyer and the Notary

In the UK, a solicitor handles the legal aspects of a property transaction, and the concept of a notary is largely unfamiliar. In Spain, all transactions are completed before a notary, and the involvement of a lawyer — while not legally mandatory — is strongly recommended by experienced professionals in the field.

Keith Spitalnick is unambiguous on this point, noting that buyers “aren’t familiar with the territory or the language, and they often need help after the sale as well.”

A common source of confusion for British clients is the distinction between the law firm and the notary’s office. Peter Franke addresses this directly:

“they often mix up our office with the notary’s office, so we need to explain to them very clearly that even though we are signing the power of attorney, we’re signing it in front of the notary”

— Peter Franke, Franke & de la Fuente Abogados

In Spain, several documents must be executed before a notary — the power of attorney, the mortgage deed (acta), and the title deed (escritura) itself. These are distinct steps that require clear explanation well in advance of signing.

Power of Attorney: Broad in Scope, Practical by Design

The power of attorney is another concept that is familiar in the UK but works quite differently in Spain. Spanish powers of attorney used in property transactions are typically broad documents, and Peter Franke explains why:

“the power of attorney here in Spain, they’re usually quite broad in the application because we as lawyers, we need to help them with many different things, not only the actual signature of the title deed, but it’s opening of bank accounts and supplies for water, electricity”

— Peter Franke, Franke & de la Fuente Abogados

Spitalnick strongly encourages all clients to grant power of attorney to their legal representative without delay:

“we always advise all of our buyers here to give power of attorney to their lawyer. Because otherwise they’re going to have to make unnecessary trips here to carry out activities which their lawyer could do for them with power of attorney.”

— Keith Spitalnick, Target Property Spain

Clients can review and remove specific powers from the document if they are not comfortable with them. But as Peter Franke is careful to point out, the scope of the document does not mean the lawyer acts unilaterally:

“as a lawyer, we can’t act in any way without a clear instruction. So we have the power of attorney as a tool, but we also need the instruction to do anything actually.”

— Peter Franke, Franke & de la Fuente Abogados

Practically speaking, signing a power of attorney while in Spain is straightforward and cost-effective; doing so from abroad after the fact is considerably more complex and expensive.

Financing: A Key Difference Often Overlooked

A final area of significant difference is mortgage financing. In the UK, equity release and remortgaging are standard financial tools that many homeowners use regularly. In Spain, refinancing for purposes other than property improvement is not commonly available. Buyers who intend to fund a Spanish purchase by releasing equity from a UK property should ensure that this process is completed — and the funds accessible — before committing to any stage of the Spanish transaction.

A Note on Navigating Two Systems at Once

What emerges from this conversation is a picture of a market that rewards preparation and professional guidance. The Costa del Sol remains one of the most established destinations for British property buyers in Europe, and the legal and procedural framework here is robust. But it is different — in ways that are not always visible from the outside.

Working with professionals who understand both systems, and who can articulate those differences clearly, is not a formality. It is the foundation of a secure transaction.

This article is based on the podcast episode “What English Buyers Want” from The Country Files series, hosted by Peter Franke of Franke & de la Fuente Abogados, featuring Keith Spitalnick of Target Property Spain.