Spanish Property News

One of the first things you should do once you have made up your mind to purchase a property in Spain and have decided where you want to live is to choose the lawyer (abogado) to act for you during the property purchase. You can do this even before you have decided on the property you want.

So how do you go about choosing your independent English speaking Spanish lawyer?

• When deciding where to live you should ask around the local ‘expats’ whom they would recommend as a solicitor for purchasing your property. You will hear good and bad stories, often concerning the same solicitor, but ask enough people and you will get a good feel for the recommended solicitors. Make a list of their contact information.

• You can research the Internet. There are very few accessible, independent guides to Spanish solicitors, probably the best is that on Mark Stucklin’s Spanish Property Insight website . Here you will find solicitors covering most areas of Spain.
• Local to us (the Altiplano area of Granada Province) we have drawn up a list of English speaking solicitors working the area, at least those that we are aware of. Click here for Independent Spanish Solicitors in the Area.

What are the requirements of your solicitor?

• This might seem obvious but check that your solicitor speaks and writes English sufficient for you to understand.
• It is preferable that your solicitor lives within a reasonable distance from where you are buying your property as he or she may need to visit the property and will definitely want to be present when you go to the Notary to sign the escritura (title deed). Also your solicitor may to want visit the local planning department of the property you are buying to check the planning status in detail. If you solicitor lives too far away to do this in person (or in the UK) then your costs will increase or the quality of service may go down.
• Your solicitor should clearly be clearly be registered with the Law society in Spain called the Ilustre Colegio de Abogados and specialise in property conveyancing.

What are the costs involved?

Many solicitors charge between 1 and 1.5 % of the total cost of the property being purchased. Some charge an hourly rate, which can vary from 75 Euros an hour for some provincial lawyers up to as much as 250 Euros per hour for solicitors operating in the Marbella region of Spain. Still other solicitors charge a flat fee for the standard conveyancing procedure, starting at about 650 Euros.

However your solicitor charges be sure to ask for an estimate of his charges, preferably in writing.

Besides the conveyancing your solicitor will often pay taxes and fees on your behalf. It is common practice for a lawyer to ask you for a sum of money to put into his “client account” for which you will receive a receipt. When all the transactions are complete you should receive original receipt documents for the taxes paid, a statement of the Lawyer’s own fees and the balance of your funds, if any.

Keep Your Correspondence

It is important that you should instruct your solicitor in writing and obtain his written confirmation of his acceptance. Subsequently you should keep copies of all correspondence both to and from your solicitor. If things do go wrong and you need to prove negligence on the part of the solicitor it is much easier to do if you have everything in writing.

Ongoing Support

Once you have purchased your property it is also a good idea to keep contact with a local lawyer who you can trust. This is especially important in a foreign country where you are more likely to need on going advice and support. If you have had good service with your property lawyer then he should be able to provide you with service on any other matters that may arise