Over Cautious??

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This topic contains 7 replies, has 6 voices, and was last updated by Profile photo of Melosine Melosine 10 years, 1 month ago.

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  • #52409
    Profile photo of Anonymous
    Anonymous
    Participant

    We are in the process of buying a property in Cantabria. It is a property built on an old barn that has been registered. The seller says paperwork is also coming through confirming switch to urbano status for the building and we have agreed with the seller we will not buy until our solicitor confirms this.

    The worry I face is that we went with an english speaking solicitor provided by the estate agent. She seems fine and efficient, competitive fee and I have checked her registration details but when I looked online for guidance I have seen that this is not the right move to take.

    I am having the building surveyed and valued independently but should I also now switch to a new solicitor? Or maybe get a solicitor on a hourly rate just to check the paperwork.

    I’m buying from an estate agent called Inmobarrio

  • #67135
    Profile photo of Anonymous
    Anonymous
    Participant

    Always use an independant lawyer. If you read the threads on this site – you will see this advice being given many times.

    It is unlikely that a lawyer recommended by an agent can be fully impartial on your behalf. There are lawyers about who can maintain a degree of “professional detachment” but they are few and far between. Best not to take the risk.

  • #67149
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi, whilst I agree its better to have had an independant solicitor from the start, I was wondering how much your independant surveyor would liase with the solicitor?

    We used a surveyor based in Aviles, English but registered here and he basically chased the solicitor for us and checked a lot of the paperwork himself..deeds, licences, ayuntamiento, made sure no outstanding money etc. He made sure we understood everything before we signed it as well, wonder what the solicitor did now 🙂

    Then the notary seemed very thorough and asked for new copies of a few things, to check himself…

    Guess it depends how much you trust the seller, what problems you can forsee etc etc. Can you goto the ayuntamiento or registry office yourself (or get the surveyor too) and check how the land is registered, or check online – Mark has a website to do this on the main site, not quite sure what under..

    Good luck!

    Heather

  • #67151
    Profile photo of Anonymous
    Anonymous
    Participant

    Both of the following websites are pretty useful when doing DIY checks on properties but you do need some initial info to get started and you have to pay (but not a lot) to get a nota simple and of course they rely on the info being given to them in the first place:
    https://www.registradores.org:444/propiedad/propiedad.jsp
    https://ovc.catastro.meh.es/CYCBienInmueble/OVCConsultaBI.htm

  • #67163
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for the advice. The horror stories on the forum make us think if we can actually trust anyone. We love northern spain but we are concerned about losing our money rather than normal things like finding the right area.

    We have found the property that suits our investment risk but can you ever guarantee that the land and building will be totally ours as it seems that even if you have the paperwork it may not be enough

  • #67199
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi,

    You are doing a wise thing by asking this question now before it’s too late. Now that you have asked the question – you must follow the advice given by most of the posts – ALWAYS HAVE AN INDEPENDENT LAWYER – who works for you and your interests only.

    Your current lawyer – suggested by the estate agent might be good – but can you afford to take that risk. If I were you, next phone call I make will be for an independent lawyer. Don’t let them ruin your dream.

  • #67202
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    Anonymous
    Participant

    Unfortunately, there have been a few posts recently where people have used independent lawyers and have still ended up with problems! I fully agree that you are better using an independent lawyer but at some point you have to put your trust in a stranger, if you can check anything yourself, do so!

    Little Miss Cynical…

  • #67203
    Profile photo of Melosine
    Melosine
    Participant

    Want legality of something checked out quickly and efficiently use a Gestoria. They definately only work for you. Mine is more clued up than my lawyer and he’s one of the best.

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