When buying a property in Spain you need a solicitor. We ask all buyers for a solicitor who will look after your interests. ( see: What you really ought to do first ) A Lawyer in Spain is what a Solicitor or a Barrister is in the UK. We will not proceed with the sale of a property until you found legal council and or when your legal adviser has found irregularities
You have to get legal advice before you purchase a property. Make sure you are dealing with a qualified solicitor. Buying a property in Spain is different than buying a property in your country. Not all solicitors offer the same service so ask friends and acquaintances for recommendations. We are also capable to offer you a choice of some good lawyers
An independent lawyer who is not involved in the transaction will help to inform you about possible problems and issues, and protect you from future problems with your property. Your lawyer will conduct relevant searches such as the “Real Decreto 218” check licenses and ensure the property has been built legally without any legal claims on the property from a third party.
These are the things a lawyer will check:
– To see if the property is free of debts and is up to date with all its payments.
– Title deeds are properly executed.
– Local council documents are transferred.
– Taxes and costs to be paid in the transaction are correct.
– NIE (Number identification for foreigners) are taken care of.
– Electricity, water, community, rubbish collection and rates can set up by direct debit.
Power of attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent or, in some common law jurisdictions, the attorney-in-fact. You will only need this if you leave Spain again before the sale is a fact.
Local lawyers are also more likely to know about regional urban plans, the problems specific to the region, and the reputations of local estate agents and developers. They are on site to do any of the many legal checks that may need to be done, and can readily accompany you to the signing of the deeds before Notary.
Lawyer’s fees will be between 1% – 2% of the purchase price. Do not be tempted to scrimp on legal costs – following the right process now could save you a lot of time and trouble later on.