Property transaction security · España
A warning sign does not prove a scam, but it may justify pausing payment until it has been verified.
Before paying a reservation fee, deposit or any significant amount, independently verify which property you are buying, who is authorised to sell it, who receives the money and which document supports the payment . Sales urgency never replaces Land Registry, contractual, banking or authority verification.
First: do not diagnose based on intutuiition
“It seems suspicious” is a reason to check, not a legal conclusion
A non-resident seller, an owner acting through an attorney-in-fact, a mortgaged property or a remote transaction may all be part of a legitimate sale and purchase. The issue arises when the stated situation cannot be verified, there are material inconsistencies or the buyer is pressured to pay before they are resolved.
Verify
Cross-check identity, ownership, powers of attorney, the property, documentation and bank details against independent sources.
Document
Keep the listing, emails, contract, payment instructions and proof of payment.
Stop if anything critical changes
A new account holder, new IBAN, new recipient or new terms just before payment require further verification.
Do not pay to “save time”
If the pending check affects who is selling, what is being purchased or where the money is going, urgency increases the risk.
Some inconsistencies have ordinary explanations. This guide uses warning signs as a triage system: to identify what must be checked before proceeding.
Warning signs
Eight situations that warrant additional checks
Pressure to pay today
The transaction is made conditional on an immediate bank transfer before you can review basic documentation.
Seller ≠ registered owner
The person receiving or negotiating the money does not match the registered owner and their authority to act is not documented.
Only screenshots are provided
Providing verifiable documentation is avoided and documents are replaced with photographs, messages or isolated screenshots.
Last-minute IBAN
A bank account is changed by email or messaging just before a reservation, deposit agreement or deed signing.
Unexpected beneficiary
Payment is requested to a person or entity that does not appear to be clearly connected to the transaction.
Inconsistent details
Address, property, floor area, owner, cadastral reference or physical description differ between the listing, contract and documentation.
Unsupported promises
“Free of encumbrances”, “fully legal”, “licence granted” or “no tenants” are presented as facts but cannot be verified.
Off-plan payment without clear protection
Significant amounts are requested during construction without being able to explain the licence, payment account and applicable guarantee.
Listing and offer
An attractive offer requires more verification, not less
A low price alone does not prove fraud. The risk indicator increases when combined with information that is difficult to verify, an inability to properly identify the seller, a refusal to provide documents or pressure to hand over money before verifying the property.
In sales carried out as part of a business or professional activity and aimed at consumers, Royal Decree 515/1989 establishes a nationwide framework on property information. The offer and advertising must comply the property's actual characteristics and must not mislead or omit fundamental information. Autonomous communities may also have their own consumer protection regulations.
- Keep a copy of the advertisement and sales brochure.
- Check that the property described matches the property being negotiated.
- Identify the selling individual or company.
- Do not treat a photograph or sales description as proof of ownership or legality.
The commercial opportunity may expire. Ownership, encumbrances, representation and the destination of a transfer still require verification.
Within the scope of Royal Decree 515/1989, certain information and conditions included in offers, promotions and advertising have legal effect even if they are not subsequently reproduced verbatim in the contract.
Seller and representative
The critical question is not who shows the property, but who has the authority to sell it
Land Registry information makes it possible to verify ownership and registered rights over the property. If the sale is carried out through a representative, it must also be verified that they have sufficient authority for the transaction.
| Situation | What to check | Warning sign |
|---|---|---|
| The owner is selling | Identity and correspondence with the registered ownership. | Name or identity does not match with no documented explanation. |
| A representative is selling | The existence, validity and scope of the power of attorney for the transaction. | It is claimed that a power of attorney exists but only an informal image is provided or verification is prevented. |
| A company is selling | The identity of the company and the authority of the person acting on its behalf. | The contract identifies a company but payment is instructed to be made to an individual with no explained connection. |
| There are multiple owners | Who must be involved and how their consent or representation is documented. | Only one person claims the right to dispose of the entire property without substantiating sufficient authority. |
The General Council of Notaries confirms that a person may act through a representative. For the relevant execution, the representative proves this status by means of an authorised copy of the power of attorney. The risk is not “using a power of attorney”; the risk is being unable to verify that the representation exists and covers the transaction.
Documentation
The documentation must be capable of being cross-checked against one another:
Land Registry, Catastro, physical reality, contract, planning documentation and possession soria answer different questions. A single source does not replace all the others.
Registration
Check the property, registered owners, registered rights and encumbrances.
Catastro
It provides administrative, descriptive, graphic and cadastral information, but does not replace Land Registry analysis.
Planning
Licences, use, planning permission and enforcement require the competent local authority.
Possession
Check who actually occupies the property and what contract or right may exist.
Nor does a favourable Land Registry extract alone demonstrate the planning legality of extensions, uses or renovations. If there is a discrepancy, it must be determined which layer explains it.
Reservation and earnest money deposit
The most dangerous time to improvise is just before the first payment
A reservation agreement, deposit or earnest money contract may create real obligations. The name of the document does not automatically reveal whether the money is refundable, what happens if an encumbrance appears, what happens if financing falls through or what consequences arise if one party does not proceed.
- Identify exactly which property and included annexes are covered.
- Identify the buyer, seller and any intermediary receiving funds.
- State how much is being paid and what it is being paid towards.
- Specify the agreed account or payment method.
- Define which checks remain pending.
- Define what happens to the money in each relevant scenario.
- Do not sign a blanket waiver of information that you have not yet been able to verify.
Stop the transaction until you know why they are receiving the money, on whose behalf they are acting and how the intended use of the amount is documented.
If the pending documents affect ownership, authority to act, the property or essential terms, reversing the order unnecessarily increases the risk.
Important financial terms should be included in the relevant contractual document.
Payment fraud
A genuine email may contain a fraudulent payment instruction
INCIBE documents BEC attacks —business email compromise— in which an attacker gains access to legitimate communications and changes payment details or impersonates a trusted person. Therefore, the fact that a message comes from a known conversation is not enough to validate an IBAN change.
Account change
The new account details arrive after another account has already been agreed or appear shortly before the transfer is made.
Nearly identical email
The domain, signature or address appear correct, but contain minor alterations.
Extraordinary urgency
There is insistence that the money must be sent before you can call or verify.
Request for secrecy
You are asked to avoid contacting the lawyer, agent, seller or bank or anyone else who would normally be involved in the transaction.
Do not use the phone number or link included in the same message notifying you of the change. Verify the instruction through a previously known channel: for example, a number already saved in your contacts or a person whose identity you have already verified. INCIBE recommends this principle of double verification in the event of changes to bank details.
The buyer receives an email within an apparently genuine conversation: “the owner has changed accounts; use this new IBAN”. Instead of making the transfer, call the contact using the number you already haa guardad. The change cannot be confirmed.
Safe decision: do not transfer funds until the beneficiary, account and authorisation can be verified through an independent channel.
New-build properties and advance payments
In an off-plan development, ask how each advance payment is protected
The first additional provision of Law 38/1999 establishes a specific framework for developers receiving amounts from buyers for the construction of homes.
- From the time the building permit is obtained, the repayment of amounts within the legal framework must be guaranteed by means of surety insurance or a joint and several guarantee.
- Advance payments subject to this framework are processed through a special account separate from the developer's other funds.
- The contract must identify the guarantee and the institution/account through which advance payments are made.
- At the contractually prescribed time under the law, the purchaser must be provided with the document certifying the individual guarantee.
The timing of payment, the existence of a licence and the exact applicability of the regime for advance payments must be reviewed by a legal professional. Do not assume that every payment made at any stage is protected in the same way.
When a development receives payments on account before or during construction under the terms of the LOE, advertising must state the insurer or guarantor and the credit institution where the special account is held.
Notarial involvement
The deed provides important safeguards, but it does not make secure a poorly verified prior transfer
In a sale formalised before a notary checks are carried out regarding identity, legal capacity, authority, title, Land Registry information and payment methods, among other matters. However, a fraudulent reservation payment or transfer made much earlier is not automatically protected simply because a deed was planned at a later date.
Identity
The identity of the parties appearing and the capacity in which they act are verified.
Registration
Land Registry information is obtained regarding ownership and encumbrances.
Representation
If an attorney-in-fact appears, they must have sufficient authority.
Payment methods
The deed records the payment methods as legally required.
Payment checklist
Ten checks before transferring a substantial amount
- I have identified the exact property.
- I have obtained Land Registry information that is sufficiently recent for the stage of the transaction.
- The person selling matches the registered owner or has demonstrated their authority to represent them.
- I understand the registered encumbrances and what will happen to them.
- The contract clearly identifies the parties and the property.
- The contract explains what the amount I am going to pay represents.
- I know the terms for refunding, forfeiting or applying it towards the purchase price.
- I have verified who the actual recipient of the payment is.
- The IBAN has not changed without independent verification.
- I keep the contract, the payment instructions and the bank confirmation.
It is enough that you cannot reasonably verify who is authorised to sell, what is being purchased or where the money will go to justify pausing until the necessary information is obtained.
If you have suspicions after payment
Act quickly and preserve the evidence
If you discover that a transfer may have been sent to a fraudulent account, do not send any further funds and keep all available information.
- Contact your bank immediately.
- Ask it to review the available options for action regarding the transfer.
- Keep complete emails, chats, contracts, IBAN details and supporting documents.
- Keep the full headers of emails where potential electronic fraud exists.
- Notify the other legitimate party so they can also check their email accounts and systems.
- Report the incident to the State Security Forces and Corps of State Security through the appropriate channel.
INCIBE recommends acting as soon as possible, filing the relevant bank claim and providing the available evidence.
Do not rely solely on a screenshot. In an investigation, it may be useful to keep the original message and its technical headers.
Avoiding false positives
These situations do not, in themselves, prove that fraud has occurred.
Selling through an attorney-in-fact
This is a normal legal practice. The important thing is to verify the authority and powers.
Mortgaged property
A registered mortgage does not automatically prevent a sale. How it will be handled at closing must be defined.
Non-resident seller
It is a common situation that adds tax-related issues and its own documentation requirements, but it is not, in itself, a sign of fraud.
Remote signing
It can be arranged legally, particularly through appropriate representation.
Land Registry and Cadastre do not match
A discrepancy requires an explanation, but does not automatically mean that there is deception.
There is a tenant
The property can be sold, but the contract must be reviewed, along with existing rights and possession.
Verified official sources
Land Registry, legislation, Notarial system and public cybersecurity bodies
Last review of these sources: 9 August 2026. Regional consumer protection, housing and planning regulations must be added when the risk depends on the specific location.
Related guides
Each red flag should direct you to proper verification
This page identifies warning signs and explains when to stop. Land Registry checks, planning, contractual, technical and possesoriassion checks maintain their own canonical pages.
Professional assistance
An independent verification may be more valuable before the deposit than after the problem arises
For a specific purchase, first look for relevant professionals based on location, service, language and property type. Commercial positioning within the directory should only be applied after that relevance has been established.
Frequently asked questions
Scams and warning signs when buying a home in España
No. A low price may have legitimate explanations. It should be treated as a sign that warrants checking the property, ownership, condition, encumbrances and sale terms, especially if there is also urgency to pay or reluctance to provide verifiable documentation.
Information available from the Property Registry makes it possible to identify the holders of registered rights, as well as current rights, encumbrances and restrictions. A nota simple is for information purposes; a Registry certificate has a different scope for formally evidencing the contents of the Registry.
A representative may act with sufficient authority. The use of an attorney-in-fact is not, in itself, a sign of fraud. What matters is verifying that the authority exists, remains valid and permits the relevant transaction to be carried out.
There is no general rule that makes any reservation payment made before obtaining a nota simple invalid. However, paying before verifying ownership and essential aspects increases the risk. If payment is made while checks are still pending, the contract should clearly regulate those conditions and the allocation of the deposit.
Stop the transfer and verify the change through an independent through a previously known channel. Do not rely solely on the number, link or contact details included in the same message that communicates the new account. INCIBE recommends this type of additional verification in the event of unexpected changes to bank details.
Yes. INCIBE documents BEC fraud, in which a legitimate email account may be compromised and used to change payment details or send fraudulent instructions within a conversation that appears normal.
The first additional provision of the Building Regulation Act establishes a specific framework for advance payments intended for residential construction. From the time the building permit is obtained, the repayment of amounts within the legal framework must be guaranteed by means of a surety bond or joint and several guarantee and the funds must be channelled through a special account. Payments made at different stages must be reviewed according to their exact circumstances.
The notary carries out important legal checks relating to identity, legal capacity, representation, title, the Land Registry and payment methods. However, the final notarial intervention should not be used as a substitute for due diligence or as retroactive protection for prior payments that have been sent to an incorrect account.
Do not send any more money. Contact your bank as soon as possible, keep emails, chats, contracts, proof of payment and information about the receiving account, and report the matter to the State Security Forces and Corps. If the incident is digital, also keep the original emails and their headers.
No. The Land Registry and Catastro serve different functions and discrepancies may arise for different reasons. It is necessary to determine what information each source describes and compare it with the title deed, the physical reality and, where applicable, planning documentation.
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