You should not sign any contracts before having them checked by an independent Spanish Lawyer - Solicitor (Abogado). This may seem obvious but it is amazing how many clients come to us after signing some form of reservation/deposit contract, only to find that they have problems later. Often the estate agents put pressure on the buyers to sign these contracts saying that you need to sign these contracts otherwise you will lose the property, and that you shouldnīt worry as you will get your deposit back if it does not go through, in many such cases this is just not true. Often these reservation contracts bind purchasers to terms and conditions in the main purchase contract, which are not favourable to the buyer. They also may find difficulty at a later date getting their deposit back if they do not go through with the purchase.
Before you find your Spanish property or sign any contracts you should first find a Spanish lawyer - Solicitor to act on your behalf. Then when you are put under pressure to sign a deposit/reservation contract you can ask the estate agent to fax or e-mail the contract to your lawyer to check. At this point you will become protected, as you have a lawyer acting on your behalf who will be able to explain the contract, and its consequences to you. He will also be able to explain the buying process to you. You will then be less likely to have problems with your purchase, and should your Spanish lawyer make a mistake, or advise you incorrectly, you will have the security of his professional liability insurance to compensate you for any consequential losses. You also have the security of knowing that your Spanish Solicitor - lawyer, as a professional, is being supervised by his local law society. All lawyers and Solicitors in Spain are obliged to be members of such societies and carry professional indemnity insurance. (The information on these law societies is usually published on the internet and it is through these societies that you can check that your Spanish/lawyer - Solicitor is really a registered lawyer.
In your case you signed the contract without obtaining independent legal advice in advance. Estate agents or their sales staff are not professionals and therefore are not under the same duty as lawyers. If they do not explain contracts and purchase procedures clearly you really have no protection, as they are not obliged to advise you on the contract. In the UK you would not sign a contract to buy a property without having a Solicitor check it first as you are under the old latin maxim "caveat emptor", buyer beware. The seller is not under an obligation to tell you everything about the property or the contracts, therefore the buyer should check everything first. Therefore just as you would in the UK, you should pass this job over to your lawyer.
Spanish property purchasers should also be aware not to use the lawyers recommended by the vendor/developer or the estate agent. The reason for this is quite obvious if you think about it, but when a buyer is being pressurised by an agent to sign a contract it may seem much easier to use the lawyer the agent has at the exhibition, working in the agentīs office or whom the agent recommends. The fact is these lawyers are being supplied with their clients by the agent or the developer, and therefore are unlikely to find fault with the developerīs contract and its terms. They cannot be independent and act only in the best interests of the buyer if they have a friendly business relationship with the developer/vendor at the same time.
It is, therefore, worthwhile finding your independent lawyer first, before you find your property. You will then have the peace of mind of professional legal protection in your Spanish property purchase. The lawyer will be able to explain to you all the usual taxes and costs involved with a Spanish property purchase, along with the usual procedures. Then, once you have found the property, he can act on your behalf, dealing with the estate agent, vendor and his lawyer.
