Before a business traspaso: check the lease behind the listing

A café can look ready for its next owner while important questions about the premises remain unanswered. Before planning your opening day, ask what the proposed deal includes and how you would obtain the right to use the space.

This is a practical starting checklist for a business offered with rented premises. It is not a complete business acquisition review. Ask independent legal, financial and technical advisers to assess the actual transaction.

Start with three separate files

The deal: ask for a written list of what is being offered: equipment, stock, name, records or other assets. Ask who owns each important item and whether anything is leased, financed, excluded or due to be removed. A photograph of a coffee machine does not answer those questions.

The lease: request the complete signed agreement and amendments. Ask whether the proposal involves assigning the current lease, negotiating a new lease or something else. Write down the proposed tenant, remaining term, rent and next steps for your adviser.

The visit: prepare questions about access, layout, visible condition and what equipment can be demonstrated. Keep first-hand observations separate from documents and statements supplied by the seller.

Why the commercial lease needs individual review

Article 4.3 of Spain’s Urban Leases Act gives the parties’ agreement a central role for non-residential tenancies, with the relevant statutory and Civil Code provisions applying as described there. Reading a general rule without reading the lease can therefore leave an important gap. [1]

Where article 32 applies without a different contractual arrangement, it provides for assignment of a business or professional premises lease without the landlord’s consent, a 20% rent increase on assignment, and reliable notification to the landlord within one month. Have your adviser establish the applicable agreement and legal regime, including any older-lease issues, rather than assuming those default terms settle your transaction. [1]

Useful questions are: “What exactly happens to the lease at handover? What will I pay afterwards? What notices or agreements are required, who handles them and what evidence will I receive?”

Treat activity paperwork as a separate check

A lease question and an activity-authorisation question deserve separate answers. As one local example, Fuengirola publishes a change-of-holder procedure for activities covered by its responsible-declaration route under Law 12/2012. Its document list includes evidence of the right to use the premises and a certificate of persistence. This is a specific municipal procedure, not a rule for every business in Spain. [2]

Ask the relevant town hall or your professional adviser which route fits the exact address, activity and planned changes. Request the existing activity reference and supporting documents; ask how the planned use compares with the recorded one. Do not treat “it has always operated like this” as the final answer.

Make the visit useful

Ask for accessible rooms, storage and service areas to be shown. Record what was seen, demonstrated, inaccessible or left for specialist follow-up. If you notice a discrepancy, describe it precisely and send it to the adviser responsible for that question. A viewing does not verify turnover, diagnose hidden defects or certify compliance.

Human Eye, not AI

TrueCasa’s in-person previews mean a person attending the premises and recording observations within an agreed scope. That is what Human Eye, not AI means. Our real inspection reports are on our website in the business report library; access to individual reports may depend on your account. Illustrative sample reports explain the format and are separate from completed inspection evidence.

Visit TrueView Business services and fees to discuss your listing. Local in-person previews are planned to start in the week beginning 2 November 2026, with access and appointments agreed in advance. Detailed specialist work is quoted separately for your approval.

Official sources

[1] BOE: Ley 29/1994, Urban Leases Act, articles 4.3 and 32. Consolidated page displayed an update of 7 October 2026; checked 27 October 2026. Ask your adviser which provisions and contractual terms apply.

[2] Ayuntamiento de Fuengirola: change of holder for activities subject to responsible declaration under Law 12/2012. Checked 27 October 2026. Local example only; confirm the current process for your premises and intended activity.

Published 27 October 2026 by TrueCasa. Prepared with AI assistance and checked against the listed sources. General preparation guidance, not individual legal advice, an acquisition valuation, a compliance certificate or findings about a particular business. Human Eye, not AI refers to actual human attendance.