Buying in Spain: Do I NEED a solicitor?

Marvo434

Please feel free to move this if there is a better forum for it!

I am about to buy in Spain, now the complex I am buying on has 70+ small villas, which mean probably 5 or 6 a year are being bought and sold. Lots of Brits own there, no building or permissions worries, no land grab possible etc.

I am buying from a Brit who is a nice bloke, helpfull etc. The Spanish system is different in that you sign the deeds at a Notaries office, and they are culpabale if anything goes wrong and the agent gets all the paperwork together. Spanish people do NOT use lawyers for buying a house, but most Brits do! We are looking at a bill for buying only of 1.5% of purchase price and on a purchase of 160K euros that is no small change.

Have you bought without a lawyer in Spain? Do I need one?

I anticipate that some of you will warn against buying without, and I appreciate your concerns, but would welcome informed opinion.

Many thanks.

ioscorpio

Ask the question on one of these forums, plenty of overseas investors

https://www.singingpig.co.uk

https://www.streetwisepublications.co.uk/forum

canny_yorkshireman_2

I would strongly advise yhat you take some professional advice I have juct bought in portugal which is not exactly the same but you need to do some basic checks like who owns the land ,the property and the builders gurantees.Also you really need someone to iterpretate the legal documents and act as your representative.This brit who will be a nice guy i have no doubt but he will be takin a big slice of commission have you asked him how much he will gain from the sale? You may have to pay a tax to the spanish government and need to get in writing all the costs believe me they are never included in the sales package that reps give out. The notaries office is purley resposible for the legal administration of the sale of the property but cannot be held resposible for poor construction or future plans for development etc.There is quiet a lot of information on the web sites of some agents selling properties abroad do some diggin and best of luck if you go it alone.

Bossyboots

These might have some info for you.

http://www.iwantapropertyinspain.uk.com/
http://www.spanishpropertyinsight.com/

Have you looked at the inheritance rules in Spain? It is important to make sure you know how the property would pass on your death as it may not be the same as ours (France is entirely different) and you may need to make a will before buying to ensure the property comes under British rules (if that is what you want).

This issue turned out to be an absolute minefield when I was trying to help a friend sort out moving to France a few weeks ago and they realised they needed to find out more before committing to buy. We didn't check Spain but it is an issue I would check personally if I was going to be buying a property abroad.

I think I would be inclined to see a solicitor specialising in Spanish property law for some advice, even if you do not actually use them in relation to buying the property.

Ian_W

Marvo434 wrote: The Spanish system is different in that you sign the deeds at a Notaries office, and they are culpabale if anything goes wrong and the agent gets all the paperwork together.

"The Notario or Notary is an official of the state who makes sure the contracts are legal. ...The notario is a public official not a private lawyer....

He does not verify or guarentee the accuracy of the statements made in the contract. He only certifies that the parties have signed it properly. Too many people think that the Notario assures them that all the statements made in the contract are true. This is not so." - You & the Law in Spain by David Searle, published by Sanatana Books [a must IMO if you buy a property there].

A lot of Spanish people do DIY it but they know what checks are required and the documentation is in their native language. So will you know the seller has clear title, understand what the nota simple says, know any community charges are up to date or that the IBI for the year has been paid, that the property has no other mortgages, debts or legal charges attaching. If the answer to all those is a certain YES - do what the Spanish do, if you're not sure on any get a lawyer.

1.5% will be cheap compared to the bills that could be outstanding on the property you're buying!

Bossyboots is also right that the IHT laws in Spain are very different, you'll also need a lawyer to make a will if you want to decide how the property is disposed of if you[&/or partner?] slips off the plate.

BTW, who suggested - the Notary is "culpable" so you don't need a lawyer? Not the seller or EA perchance was it? :rotfl:

Old legal maxim: The man who represents himself has a fool for a client!

ManAtHome

Just seen Tonight With Trevor McDonald - trailer for Friday's show is problems with Spanish property (shots of villas being demolished etc) - worth a look...

Lara

Yes you do need to use a lawyer. We have an excellent one that speaks very good English and she manages all the important issues for us. We bought our villa nearly ten years ago and would still recommend that you use a lawyer.

kenshaz

I have bought two houses in Spain ,and on the second one I used a solicitor,much easier and less stressful,the estate agents on the first sale had used my passport number and not obtained an NIE number ,so all that had to be done,the contract,and notary ,you need the language skills,if you enjoy stress,do it your-self