Essential Steps to take in Choosing a Lawyer for your Spanish Purchase

When you find the Spanish property you are interested in it is essential to take the following steps to avoid common pitfalls that buyers often fall into:

1. Never sign any documents without first having an independent Spanish lawyer check the document first. Often estate agents will put pressure on buyers to sign deposit/reservation contracts saying that they need not worry and that they only reserve the property. This may not be the case, and sometimes these contracts have clauses that bind you to specific terms in the main contract which may be adverse to the client. You may also find that you have a problem getting your deposit money returned, should your lawyer find a defect in the property, and you decide not to go ahead with the purchase.
   
   
2. Buyers should avoid using lawyers recommended by the developer/seller or estate agent. This may seem the easy option, but these lawyers cannot be independent. This is because they are being supplied with their clients from the seller or his agent, and this relationship can hinder impartiality. You should use an independent lawyer who will act solely in his client’s interests, and who will not be afraid to point out defects or change terms in contracts to best suit his client. In the UK English Solicitors are trained to advise their clients not to use the Solicitor of the developer (i.e. when the developer offers to provide free conveyancing or recommends his own lawyer), as his relationship with the developer can prevent him from being impartial and acting in the best interest of his client.
   
   
3. Always check that your lawyer actually is a Spanish lawyer (Abogado) or English Solicitor. This can be done simply by contacting his local law society. For example the Spanish Law Society for the Malaga province which covers the coast from Nerja to past Estepona has its contact details on its website: www.icamalaga.es English Solicitors can be checked by going to the website for the Law Society at: www.lawsociety.org.uk clicking on the “find a Solicitor” box and then inserting the lawyers details in the appropriate boxes. It is essential that the person acting for you is a qualified Solicitor or Abogado (Spanish lawyer). If he is not he will not owe you the professional duty of care of a lawyer, nor will he be covered by professional liability insurance. If your registered lawyer/Solicitor should make a mistake or act negligently, you will have the protection of being able to take action against him or her through the supervising law society. As a last resort you will be able to sue him for negligence with the reassurance of knowing that funds exist to compensate you if your lawyer is found liable. If you do not make these simple checks at the outset, and you have problems with your purchase or suffer loss, you may find it difficult or impossible to get compensated for your loss.
   
   
4. Also check whether your lawyer can advise you fully on the various forms of property ownership and associated taxes. You will want to choose the form of ownership that suits your own requirements and fits in with your tax planning in the UK.
   

For specific or general legal or tax advice on your Spanish property purchase contact Puerta Vides´s Lawyers and Accountants by email or phone: