A Brief Guide to Buying Property In Spain

Finding an Independent, English-speaking Spanish lawyer

You should try to find a lawyer at the very outset of your property search, so that you have an independent, English-speaking lawyer on hand when the time comes to sign a contract, or make any payments.

The challenge is to find a lawyer who is completely independent of your estate agent or developer. The reason being that you need a lawyer who is going to look after your interests alone, and who will not hesitate to delay the purchase, or advise you to walk away if necessary. If you use a solicitor recommended by an agent, there is a grater chance of conflicts of interest, which can undermine the legal service you receive. Although the majority of agents will recommend a perfectly dependable lawyer, you are better off finding your own lawyer, and not taking any chances.

The worst mistake a buyer can make is to use the in-house lawyer of an estate agent or developer. In-house lawyers will draw up contracts in the interests of the company, and fight its corner if push comes to shove.

Some people use a ‘gestor’ for dealing with the legal aspects of buying a property. A gestor is an administrative agent who specialises in carrying out a wide range of bureaucratic and administrative tasks for clients in Spain. However, they are not trained lawyers, and I advise you to use a trained lawyer to draft or review contracts, perform a due diligence, or provide any legal advice.

Given that English-speakers have been buying property in Spain for many years, it is not that difficult to find a good Spanish lawyer who can deal with you in English. The best way to find a lawyer is by recommendation, either from a friend, or another independent, trustworthy source.

© Mark Stucklin (Spanish Property Insight)

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