The lawyer in Spain

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Why you always should use your own independent lawyer who looks out for your interests only.

First of all you will be buying in Spain, a country with a law structure and customs you probably do not know anything about and secondly because it involves a large amount of money and you do need somebody who is on your side and knows what he is doing.

When buying resale property you need to make sure that the person claiming to be the owner actually is the owner and that the property corresponds to the details stated in the title deeds. Even when it looks as a straight forward purchase you have to check licences, building permits, etc, etc. And when everything is ok you still need to make safe payments to make sure that you can actually call yourself the owner after paying for the property.

Also with off-plan property from a developer the aid of a lawyer is important. When committing to a purchase by making a deposit of usually € 6.000 and a bit later signing on to a private contract paying a 30% (usually) you really do want to make sure what you are buying. What if the builder goes bankrupt, what if it isn’t built according to specifications, what if, etc. The truth is that you run risks that can easily be avoided by a good lawyer. Your lawyer should be able to nail the developer to delivering a clear and specified property.

So regardless of the kind of property you buy, use a lawyer. Take extra care if you have somebody selling you a property saying that it is nonsense to use a lawyer, they might have their own reason why they would like you to go ahead without one. By all means you can buy without one but it just isn’t worth the risk.

Your lawyer should be independent.

Make sure your lawyer serves your interests ands yours only. Not the developers nor the sellers or in case you have an estate agent not theirs neither. A lawyer that gets a lot of business from a certain developer or estate agent might get tempted to close as many deals as possible even when they are not in your best interest. If he doesn’t do that he will not get any more business from them. Be totally aware when it is a so-called “in-house lawyer” Just think whose interests they look after. So even when you do not have much time ask around for an independent lawyer. Again it is in your best interest to do so.

Spain is a country where having good contacts is important, a local lawyer knows the area, but also the people working in the town hall, the notaries, etc. They might be able to smooth problems before they arise than a lawyer from out of the area, although they both might be as good as a lawyer.

Lawyers charge should charge no more than 1% of the value of the property for their services. Sometimes you will be asked to pay an amount upfront depending on the total amount to be paid. Usually you will have to pay an amount when the private contract is signed and the rest upon completion of the transaction.

If you after some time you do not feel comfortable with your lawyer it is important to know that you have the right to change lawyers at any moment. You must let him know this by fax or letter giving instructions to pass on your file to you new lawyer at a certain date. If these instructions are ignored you can make an official complaint to the local lawyers association. If there is proof of malpractice you should also file a complaint with the local consumer office. If you change lawyers in between you will likely have to pay for the services delivered up to that date which can be quite difficult de determine.

The lawyer in Spain.