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This topic contains 15 replies, has 9 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 6 months ago.

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  • #51871
    Profile photo of Anonymous
    Anonymous
    Participant

    Have placed a 10% deposit on an apartment. The lawyer i was going to use has proved unreliable. The estate agent who is very helpful and seems a very nice person (???) said to me that i dont need a lawyer because she does all the work (ie ownership title cert of charges water electric) anyway and all the lawyer does is check over the documents and ok them.
    i’m tempted but unsure. What do you think.

  • #62540
    Profile photo of Anonymous
    Anonymous
    Participant

    Sounds as dodgy as anything- get yourself a good independent lawyer.

  • #62541
    Profile photo of Anonymous
    Anonymous
    Participant

    When parting with huge sums of money ALWAYS get yourself a lawyer and not one recommended by the agent, however nice they are, they will always appear to be your “friend” when trying to sell you something.

    You would never buy without a lawyer in the UK, don’t risk it in Spain, I have seen agents offer this and have even done it myself BUT ONLY TO SELL, would never take that gamble when parting with my life savings.

  • #62544
    Profile photo of Anonymous
    Anonymous
    Participant

    What your agent has told you is not untrue. The vast majority of Spanish people DO NOT use solicitors to purchase a house – usually only for large investments or multiple purchases.

    However, they can of course understand what the contract says before they sign on the dotted line, and unless you can speak spanish you could be signing absolutely anything.

    A solicitor is not necessary, particularly for off-plan where the contract is very standard, but if you are a non spanish speaker a solicitor is certainly advisable.

  • #62545
    Profile photo of Anonymous
    Anonymous
    Participant

    I will listen to the advice. What makes me think a bit is that i already have 1 apartment bought 20 years ago. I didn’t use a solicitor then without any problems.

  • #62547
    Profile photo of Anonymous
    Anonymous
    Participant

    @drifter wrote:

    I will listen to the advice. What makes me think a bit is that i already have 1 apartment bought 20 years ago. I didn’t use a solicitor then without any problems.

    Drifter – If you do use a lawyer PLEASE make sure it is not ME. Using them has turned into a nightmare for me – I’ll post more details of today’s fiasco asap.

  • #62548
    Profile photo of katy
    katy
    Spectator

    NJG you think it is not necessary to get a lawyer if buying off-plan 😯 Why not trawl through the posts here and it may change your mind.

  • #62549
    Profile photo of Anonymous
    Anonymous
    Participant

    Njg , just curious but WHY if it’s not necessary to use a lawyer, did you use one to buy your apartment ❓

  • #62550
    Profile photo of Anonymous
    Anonymous
    Participant

    After I’ve finished trawling thro the posts here perhaps I’ll ask the 40 million strong population of spain whether they used a solicitor when they purchased their house. The answer will be no, it’s not necessary.

    It’s only if you don’t live in spain and you can’t speak spanish that it becomes advisable.

  • #62551
    Profile photo of Anonymous
    Anonymous
    Participant

    Flynn – I used a solicitor because at the time i didn’t live in spain and I wanted to give power of attorney to someone. I can speak spanish, but didn’t fancy upteen trips backwards and forwards to sign pieces of paper.

    Now that I am living out here I probably wouldn’t bother with a solicitor next time. Already have a NIE, bank account, can speak spanish and understand contracts, know how to request copies of developers bank guarantees, etc. There’s not much left for the solicitor to do and I’m not paying 1% for nothing! I wouldn’t recommend that others didn’t use a solicitor though unless they were in a similar situation to myself.

    Who are ME? Which area of spain do they work in? Which area of spain is drifter buying in?

  • #62552
    Profile photo of katy
    katy
    Spectator

    The reason why spanish don’t use lawyers is because they have LOCAL knowledge. a lot of the time they are buying from friends or relatives and know the history of the place. Speaking spanish is not a panacea, I had a spanish grandfather and have used lawyers everytime ( a necessary evil) and I am bi-lingual. Things have changed and many spanish have also been caught out by the practices of AIFOS and other rogue developers.

  • #62554
    Profile photo of Anonymous
    Anonymous
    Participant

    Just to clear. Its actually in Tenerife and its a resale that is 3 years old but was never sold by the developer. He apparently kept it but didn’t use it. Its therefore unfurnished. I have an NIE and bank account but can’t claim a very good knowledge of Spanish.

  • #62556
    Profile photo of Anonymous
    Anonymous
    Participant

    The Spanish rarely use lawyers when they sign contracts, but are often obliged to find a lawyer to sort out problems after they sign poorly drafted or fraudulent contracts.

  • #62561
    Profile photo of Anonymous
    Anonymous
    Participant

    You are buying a built house you have already seen to an individual, private owner, before a Notario, without a REA involved, the Notario or his officials are the ones to draft the deeds, you and the private seller are the ones to freely agree a private contract, you DO speak/read/comprehend Spanish (fluentlty).. OK, you DON’T need a lawyer.

    Buying off-plan???? GET a lawyer. I know what I’m saying. Yes I’m a lawyer myself and sometimes even the promoters lawyer… 😈

    A solicitor is not necessary, particularly for off-plan where the contract is very standard

    Yeah, sure, as standard as tricky… ask around this place…

    Cesar

  • #62571
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for all the replies and info. I will let you know how things work out. I didn’t realise the forum was here until I came acroos it the other day. Hopefully I will be able to contribute in the future.

  • #62591
    Profile photo of Anonymous
    Anonymous
    Participant

    Drifter

    You will find details of recommended lawyers on this website under resources and solutions.

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