Spanish Property Guide - Buying Property In Spain
People have been buying property in Spain for many decades and the country has consistently been one of the most popular places for British buyers to consider – whether for retirement, holidays, business or as an investment.
Section 1: Do I Need a Lawyer?
One of the most common questions that we get asked is “Do I need a lawyer when buying in Spain?” The simple answer is that you don’t. However, only 3% of people buying a property in the UK would not use a lawyer, so why do anything different in Spain. When buying in Spain it is likely that you don’t understand the legal system and have probably never bought a property before, so why risk your hard earned money by not taking legal advice.
One of the reasons why people often say that you don’t need a lawyer is that in Spain the title deeds (Escritura) are signed before a Notary Public (Notario). However, the Notary gets involved right at the end of the process and doesn’t advise you whether it is OK to sign the contract at the beginning, whether it is safe to pay any deposit or stage payments, whether the property is free of charges and is owned by the seller before you commit yourself or any number of other issues that arise before the actual signature of the Escritura.
When choosing a lawyer you need to ask yourself various different things:
- Do they understand both Spanish and English law? There is an interaction between the two and doing something in one country ahs an affect on your affairs in the other country (particularly when it comes to taxes and inheritance). It is therefore vital that your lawyer understand both sets of laws. We do.
- Are they independent? Are they connected to the estate agent, developer or seller? Are they looking after your interests or those of somebody else? As English solicitors we have to be independent and do not act for both sides of the transaction.
- Do they have indemnity insurance and do they operate a proper ring-fenced client account as required by the Law Society in England and Wales? We do.
- Are they experienced in dealing with Spanish law or do they just receive your instructions and then farm your instructions out to another firm in Spain? Will you be paying twice for the advice received or paying somebody to act as a postbox? Do they have enough experience to spot potential problems before they arise? Our Spanish Department has been dealing with Spanish law for over sixteen years.
- Do they go that extra mile? We are Lexcel accredited and also members of the Association of International Property Professionals. We don’t have to do either of these things but feel that by submitting ourselves to these bodies we can provide our clients a greater level of service and comfort.
To jump to our other sections on the topic of buying property in spain, see below:
Section 1 - Do I Need a Lawyer?
Section 2 - The Spanish Property Buying Process
Section 3 - Spanish Property - Fees & Taxes
Section 4 - Spanish Property Buying Checklist
Section 5 - Spanish Wills & Inheritance
Should you wish to discuss any Spanish Legal Services, we offer a FREE No Obligation initial telephone consultation.
Please contact:
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Diego Rubio Tel.: 01494 670440 Email.: drm@chebsey.com |
