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.
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
lawyer
Fuengirola, Málaga
tel. 952.479268
mob. 619 886542 jmsalfonso@inicia.es
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
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.
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.
Regards,
Jose Maria Sánchez Alfonso
Lawyer
Fuengirola, Málaga
tel/fax 95.2479268 jmsalfonso@inicia.es
This website uses cookies to improve your experience. If you continue to use the website you agree to our use of cookies. You can find out more here. Accept
Cookies
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.