Do you need a solicitor and a fiscal rep?

This topic contains 6 replies, has 4 voices, and was last updated by  Anonymous 14 years, 3 months ago.

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  • #51051


    have just agreed a price for a property in Playa Flamenca, Costa Blanca, the Estate Agent give me a card for a local Fiscal rep who they recommend, on the card they offer Financial & Legal Consultants
    They say the fiscal rep can do everything including Property Conveyance.

    Is this true?

    I checked out their web site but there is nothing there

    thanks for any help

  • #58117


    Dear Matchey,

    the answer to your question is quite simple: to use a fiscal advisor or rep. ( instead of a lawyer ) to advice you on a sale , purchase or just some legal advice on property law is like using a roof tiler to build your house, would you do that ? I don’t think so.

    As a lawyer I can asure you : in Spain only lawyers are trained ( the law degree is 5 years at University, it must be for something ) to give legal advice and there is no doubt that representing you on a sale ( a serious legal matter ) or a purchase undertakes a lot of legal advice.

    But of course, in Spain anyone for a bit of money will represent you before anyone ! , don’t do it, pay the higher lawyer fees ( of course , they will charge you more than other professionals to do their job ) and get it done properly and professionaly !

    Don’t forget also that lawyers are fully insured for mistakes we could do in our work, so that’s a guarantee for our clients. other professionals would not guarantee a compensation if they do jobs they shouldn’t be doing.

    Hope this answer helps, just look for a lawyer in your town. Oh, and don’t believe a word of what they agent is going to tell you about anyone representing you , they don’t represent your interests, they just represent their commission !.

    Jose María Sánchez Alfonso
    Fuengirola, Málaga
    tel. 952.479268
    mob. 619 886542

  • #58118


    thanks Jose, really appreciate you coming back so quick with that good bit of advice, that is most helpful, thanks for taking the time.

    Just one other thing if you dont mind, the house is a resale and I have put down a holding deposit of 3000 euros and have to put the remaning 10 % deposit down within 10 days as a holding deposit so the seller wont sell to someone else, i have to pay this money to the agent. I also signed a private agreement – which specified completion date, cost of the property,
    and detailed the sellers and my details ie names, address etc

    Is this the normal procedure?

    apreciate your time and help

  • #58120


    Dear Matchey,

    The procedure you have described is quite common. However the details of the contract you sign are crucial and you need a lawyer to check them over for you, along with appropriate due diligence on the property. Special attention must be paid to payments made to the agent as this is a risk factor. It’s always better to make these types of payments to an escrow account of your solicitor but having said that it is quite common for people to make these types of payments to the estate agent handling the sale. However if this is the case then the contract that covers these payments must be watertight.

    Kind regards

    Spanish Property Insight

  • #58122


    Dear Matchey, I totally agree with Mark saying that the procedure you describe is the usual one but you shouldn’t do it without a lawyer as a lawyer will draft a good contract for your interests , will check in the Land Registry, etc, etc.

    My advice on paying to the agency is : do it only if they have a written authorisation to sell the property and recieve deposits, although as Mark said better pay it to your lawyer, I would say something else, better pay to the vendor’s lawyer if they have one, that is an extra guarantee.

    But the main advice is a Please do it with a lawyer.


    Jose Maria Sánchez Alfonso
    Fuengirola, Málaga
    tel/fax 95.2479268

  • #58150


    thats great guys really appreicate your time and help

  • #58153


    thanks guys for your time,advice and help, much apreciated


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