Spanish Lawyers
“It is true that you can buy a property in Spain without using a Spanish lawyer but it this would be very unwise on your part.”
A recent article by Mark Stucklin (Spanish Property Insight) looks at the necessity to use a Spanish lawyer when buying a property in Spain.
Background (Buying Property)
Just like anywhere else in Europe, buying or selling a property in Spain can be a messy process and there’ll often be issues that can keep you awake at night.
In Spain you run a similar set of risks when buying or selling as you do back in the UK. Therefore, a lawyer is required by both sides to protect both their interests.
Resale Purchases
If you’re buying a second hand (resale) property not only will you have to check that the owner of the property is who he says he is but also that the property corresponds to the details in the title deeds.
In Spain, debts stay with the property, not the owner. You need to make sure there in no outstanding payments due on the property before you buy.
This is just the beginning. There are countless other checks that need to be performed before you can sign any contract. Other issues include everything from building permits and water rights to community fees etc…
Buying Off-Plan
“Unless the contract you sign nails down the developer to delivering a clearly specified property, with all the necessary licences and guarantees, and more or less in the time frame agreed, you run all sorts of risks.”
For off plan purchases a lawyer is also essential, especially if you don’t want any unpleasant surprises – right after you’ve signed half your life away.
With new developments all you’ll have is a signed contract promising certain things – nothing concrete (literally). What’s written down in the contract is your only security. A Spanish lawyer, working for your interests, can make sure that the contract suits you and at the same time is reasonable and realistic.
Using a Lawyer
Whether it’s a resale or an off-plan investment, it’s best to use lawyer in Spain. Some real estate agents will tell that you don’t need a Spanish lawyer because the Notary will give you all the legal protection you need. This is often said to protect their own best interests – not yours.
An Independent Lawyer
“63% of British buyers end up using the lawyer recommended to them by their estate agent. Of these 20% report being very dissatisfied with the legal service they receive, compared to just 2% who use a lawyer that they have found themselves.”
Not many UK buyers know where to find a Spanish lawyer and often assume that it would be safer to just use one recommended by the agent or developer. It’s certainly easier – in the short run.
The problem is that most estate agents are highly motivated to close sales – often sales that pay huge commissions. They’ll recommend any lawyer who’ll facilitate this outcome, especially their in-house lawyer.
Buying a property is a huge investment. With something this valuable, you’ll need a lawyer who you can be certain is working for you and you alone. You can never be too sure about what kind of relationship the lawyer and real estate have – so it’s best to find your own.
It’s also a very good idea to find a Spanish lawyer before the purchase process begins because once it starts, if disputes arise, it might be too late.
Find a lawyer before you contact the agent or developer, so you won’t be pressurised into using theirs.
Finding an Independent Spanish Lawyer
Independent English-speaking Spanish lawyers are quite easy to come by in both Spain and the Canary Islands. The obvious approach is to just ask friends or acquaintances for a recommendation. You can also try the nearest British Consulate who can easily supply you with a list of English-speaking lawyers your region. Click here for a list of all the British consulates in Spain.