Searches for a "real estate lawyer" usually come from people buying a home down the road. A growing share come from buyers purchasing property in a country where they do not live, do not speak the language and do not know how land is recorded. That cross-border buyer faces a different set of risks, and needs to check a different set of things before choosing a lawyer. This guide sets out what to check first, in a jurisdiction-neutral way, so the right questions are asked before any money moves.
This article is general information, not legal advice. Property law differs sharply between countries, and a qualified local lawyer should advise on any specific transaction.
Why a cross-border purchase needs a local lawyer
Property is governed by the law of the place where the land is located. A buyer's home-country lawyer can be a useful adviser on tax at home, financing or estate planning, but is rarely qualified to confirm title, draft a binding local contract or attend a transfer before a local registry or notary. In practice, a buyer abroad usually needs a lawyer admitted in the country where the property is, and sometimes a second adviser at home to coordinate tax and inheritance questions.
The local lawyer's job typically covers checking who legally owns the property, whether it is mortgaged or subject to other claims, whether a foreign buyer is allowed to acquire it, what the contract should say, and how the transfer is completed and registered. The scope differs by country. In some legal systems a notary carries out much of the transfer work; in others, the lawyer handles it directly. A first question for any candidate is therefore simple: who does what in this jurisdiction, and what will this lawyer personally handle?
Step framework: what to check before hiring
- Confirm the lawyer is admitted and in good standing. Every jurisdiction has a body that admits lawyers, such as a court, a bar council, a law society or a statutory regulator. Some publish an online roll of practitioners who hold a current practising certificate; others only confirm status on request through a court registry. Ask the lawyer for the name of the regulator and their admission or registration number, then check it with that body directly rather than relying on a website badge or a business card.
- Check real estate experience in that specific location. Property practice is local. Land registration systems, zoning rules and restrictions on foreign ownership can differ between regions of the same country. Ask how many comparable transactions the lawyer has handled in the area where the property sits, and whether they regularly deal with the relevant land registry, cadastre or municipality.
- Test independence. A lawyer recommended by the seller, the developer or the selling agent may have a conflict of interest. Ask directly whether the lawyer acts, or has acted, for the other side, the agent or the developer. A buyer generally benefits from a lawyer whose only client in the transaction is the buyer.
- Agree scope and fees in writing. Ask for an engagement letter that lists the work included (title search, contract review, attendance at signing, registration, post-completion filings), the fee basis, and what costs are separate, such as registry fees, translations, notarial fees and taxes. Ask how client money will be held if funds pass through the lawyer, and whether a separate client or escrow account is used.
- Confirm language and communication. Contracts and registry documents are usually in the local language. Ask whether the lawyer will provide translations, whether those are certified, and which language version of the contract prevails if there is a difference.
- Ask about insurance and complaints. Many jurisdictions require lawyers to carry professional indemnity insurance or contribute to a compensation arrangement. Ask whether the lawyer is insured, and which body handles complaints if something goes wrong.
Questions about the property itself
Once a lawyer is engaged, a cross-border buyer can expect the lawyer to investigate the property. A sensible checklist to discuss at the first meeting:
- Who is the registered owner, and does the seller have authority to sell (for example, consent from co-owners, heirs or a spouse where local law requires it)?
- Are there mortgages, liens, easements, unpaid taxes or utility debts attached to the property?
- Does the building have the permits and occupancy approvals the local law requires, and does what is built match what is registered?
- Can a foreign national or a foreign company acquire this type of property in this location, and is any prior approval or clearance needed?
- What taxes and fees arise on purchase, during ownership and on a later sale, and who pays each one?
- If the property is off-plan, what protects the buyer's deposits if the developer fails to complete?
Documents signed abroad: powers of attorney and apostilles
Many international buyers cannot travel for every step, so they sign a power of attorney authorising a local representative, often the lawyer, to act for them. A power of attorney is a significant document. The buyer should understand exactly what it permits, whether it can be limited to one transaction, and how it can be revoked.
When a document such as a power of attorney or a company certificate is signed or issued in one country and used in another, the receiving authority may ask for proof that it is genuine. Between countries that are parties to the HCCH Apostille Convention of 1961, the traditional chain of legalisation is replaced by a single Apostille certificate issued by a competent authority in the country where the document originates (HCCH, Apostille Section). Where either country is not a party, consular legalisation may still be required. A local lawyer should confirm which route applies before the buyer signs anything abroad.
Anti-money laundering checks are normal
A lawyer who asks for passports, proof of address and evidence of where the purchase money came from is not being difficult. The Financial Action Task Force (FATF) Recommendations, the international anti-money laundering standard, apply customer due diligence duties to lawyers and other designated professionals when they prepare for or carry out transactions for clients concerning the buying and selling of real estate (FATF Recommendations, Recommendation 22). How those duties are implemented depends on national law. A buyer should expect to provide documents early and should be wary of any adviser who suggests skipping these checks.
Warning signs during the search
- Pressure to pay a deposit before any title check has been carried out.
- A request to send money to a personal account, or a last-minute change in payment instructions received by email.
- Refusal to give an admission number or name the regulator.
- A "package" in which the agent, the developer and the lawyer all come from the same source and the lawyer's fee is bundled into the price.
- Promises of a guaranteed outcome, a guaranteed residence permit or a guaranteed return on investment.
Payment instruction fraud is a particular risk in cross-border deals. A practical safeguard is to confirm any bank details by telephone using a number obtained independently, not one taken from the email that contains the instructions.
Using an international legal network to build a shortlist
Finding a first set of candidates in an unfamiliar country is often the hardest part. Global Law Lists publishes law firm lists by country and city and a real estate law practice area page that groups firms reporting property work. Global Law Lists operates these lists and its international legal network, and listed firms may hold paid memberships; how firms are checked and ordered is explained in the verification methodology. A listing is a starting point for a shortlist, not a substitute for checking admission with the local regulator and interviewing the lawyer.
Where the purchase sits inside a wider deal, such as buying through a company or under a long-term lease, it can also help to involve a lawyer with contract law experience in that jurisdiction.
Frequently asked questions
Do I need a real estate lawyer in the country where the property is?
In most cases, yes. Property is governed by the law of the place where it is located, so title checks, contract drafting and registration normally require a lawyer admitted in that country. Some systems also require a notary for the transfer.
How can I verify a foreign real estate lawyer?
Ask for the name of the body that admitted the lawyer and their registration or roll number, then check directly with that regulator, law society, bar council or court registry. Some publish online rolls; others confirm status on request.
Can the seller's lawyer also act for me?
Rules on acting for both sides vary by jurisdiction, and some prohibit it. Even where it is allowed, a buyer abroad is generally better protected by a lawyer who acts only for the buyer.
What does a real estate lawyer charge for a foreign purchase?
Fee structures vary: fixed fees, hourly rates or a percentage of the price are all used in different countries. Ask for a written engagement letter that sets out the fee and every separate cost before any work starts.
Can I buy property abroad without travelling?
Often yes, using a power of attorney. Documents signed abroad may need an Apostille or consular legalisation before the local authority accepts them, and the lawyer should confirm the exact requirements in advance.
Sources
- Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention), Apostille Section, Hague Conference on Private International Law (HCCH), accessed 10 October 2026
- International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation (The FATF Recommendations), Recommendation 22, Financial Action Task Force, current edition, accessed 10 October 2026
- Global Law Lists, Verification methodology, globallawlists.org, accessed 10 October 2026