It’s Vital You Take Correct Legal Advice- And We Don’t Mean Talking To Some “Know All” You Meet in a Bar
Purchasing a home in Spain can be a very pleasant experience, but to achieve this, we advise you to invest in the services of an English-speaking and independent solicitor to avoid legal issues at the end of the day. A good solicitor should come highly recommended and will oversee the entire purchase for you and advise you on important matters during the process. By the time you make an offer, you should already have a solicitor on board who you found and spoke with during one of your viewing trips.
It is important that you don’t confuse an independent solicitor with a notary. A solicitor will protect your interests, while Spanish notaries are employed by the government and do not act in favour for either vendor or buyer. They are legally trained and are mandatory for every property transaction in Spain. Notaries oversee and rubber-stamp the paperwork during the completion of sale of a property, register the property with the Spanish Land Registry, and check that all the necessary taxes are paid.
An independent solicitor will guide you through every detail of the transaction so you fully comprehend the contract and any supporting documentation. They’ll also advise you on inheritance and tax matters. The solicitor will make sure the property is legal and check over all legalities of the contract.
Your solicitor will make sure you are protected from any surprise charges that previous owners left behind such as municipal taxes, estate taxes, mortgage costs, and any other claims that may be payable by the owner of the property as opposed to the individual.
Before you sign a contract, your solicitor will check the payment terms and paperwork, verify titles, review the sale agreement, arrange for a survey to be carried out and organise your residency if necessary.
It is not mandatory to attain the services of an independent solicitor when purchasing a house in Spain, but it can save you a lot of money in the long run, and we strongly advise you to hire one.
Depending on the property and firm, the fees of an independent solicitor vary, but typically you can expect to pay anything between €1,000 - €2,000. For more details of the legalities of buying property in Spain, visit: https://www.gov.uk/how-to-buy-property-in-spain
Read more of our 8 part Moving To Spain Guide: