You should have a lawyer to advise you from the start of your property purchase – don’t treat them as someone you only turn to when things have gone wrong.
Once you’ve found a property in Spain that you wish to buy, you’ll probably be put under pressure to sign a reservation or deposit contract and to transfer the deposit money to the seller, developer or their agent. Don’t do this. Do not give in to the sales pressure. Never hand over any reservation deposit funds before you’ve signed a reservation deposit contract relating to the money transfer, and never sign any contract without having your own independent lawyer check it over fi rst. The reservation contract will give you legal rights, which you can use to enforce your demand for the return of your money. You’ll need it should your lawyer discover something untoward with the property or the vendor not sell you the property. Often reservation deposit contracts don’t contain clear clauses providing for the return of your deposit money in either of these circumstances. If these clauses are missing or your contract is not satisfactory in any other way (for example, some reservation contracts contain terms that bind you to clauses in the purchase contract which may be detrimental to your interests) your lawyer can suggest changes, which you and the vendor or developer can agree on, to be made before you sign it.
Don’t use developer’s or the vendor’s lawyer, nor the lawyer recommended by the estate agent, as these lawyers cannot be independent due to the clear confl ict of interest. These lawyers are getting their clients from the vendor or his agent, and so they will reluctant to find a problem with the vendor’s contracts or property. If they find fault they will upset the vendor or agent who is supplying them with clients; something they may be reluctant to do.
Don’t leave the lawyer until last
Because it’s important to have your lawyer checking documentation before you even put down a deposit, it’s a good idea to begin looking for a law firm while you are looking for your Spanish property. When you’ve found a likely-looking company, ensure that the lawyer is actually a qualified Spanish lawyer (abogado). You can check this by asking to see his law
society identification card and checking with his local law society. You may wonder why this is necessary, but in Spain there are people working as lawyers who aren’t actually lawyers, or who are not registered with their law society and so are not licensed to practice. Non-lawyers or unregistered lawyers aren’t protected by professional liability insurance, and so should they advise you wrongly and you suffer a loss there will be no guaranteed fund for your compensation. On a practical level you also need to check the Spanish lawyer’s level of verbal and written English to ensure that everything will be explained clearly to you.
Try to find a lawyer within travelling distance of the property you’re hoping to buy. Often it is necessary for your lawyer to visit the local planning department to check the property’s planning status in detail. If the distance is far then you will be paying travelling costs of your lawyer, or your lawyer may not be able to visit if he is not in Spain. Also, on completion your lawyer has to travel to the notary’s office in the area of the property. If your lawyer does not travel but employs another lawyer on his behalf then either your costs will be higher or the quality of service lower.
Once you have bought your home it is convenient to have a local lawyer who you can trust. This is especially important in a foreign country where you are more likely to need ongoing advice. If you have had good service with your property conveyancing then hopefully the same lawyer will provide you with good service and support on other matters.
With your independent lawyer you will be in a much stronger position when you’ve found the home you want to buy. When the agent or vendor asks you for a deposit or asks you to sign a reservation contract you can tell them to fax or email the contract to your lawyer, as you will already have his contact details. Once your lawyer has checked it and advised you to sign, then (and only then) sign the contract.