Why You Should Use An Independent Lawyer When Buying Spanish Property

Thousands of people buy property in Spain every year, and even more consider it but aren't quite sure how to start. In some cases, this is because they think they will have to do everything themselves, even though they wouldn't dream of it when buying a semi-detached home in Oxfordshire like that. Buying Spanish property without using a lawyer isn't against the law, but it's not a particularly good idea. Here's why you should get a lawyer to help safeguard your interests throughout the process.

Checking the paperwork

Spanish government rules mean that a Spanish Notary will be appointed to check that the deeds for any property you are purchasing comply with Spanish law. However, despite being a qualified lawyer, this person will only assess the deeds themselves and do no more than ascertaining whether they are accurate. Someone else will need to check whether the property in question is being sold legally, as well as whether there are any outstanding problems with it - for example, enforcement notices from the local council. To ensure your peace of mind, you are strongly advised to hire a lawyer who is working for you, not for the Spanish government or your estate agent.

Navigating two legal systems

Don't assume that the Spanish legal system is the same as the English one - it isn't. Even many English solicitors won't be familiar with the intricacies of Spanish property law, so imagine how hard it would be trying to make sense of it yourself. Look for a lawyer who has a full understanding of the property law of both countries, preferably one who has plenty of experience in helping people who are buying Spanish property. There's also the language barrier to consider: legal terms are often technical and specific, and what seems like an unimportant error can cause delays or even invalidate a contract entirely. You could also run into problems with HMRC if you don't understand the tax implications of your purchase. Look for an English lawyer, but one who has experience in Spanish law.

Help if things go wrong

If you attempt to handle a property deal yourself, there's always the risk that it could go horribly wrong. If the worst happens, you really need to have the backing of someone who's seen it all before and can keep a cool head. Although a Spanish lawyer may be cheaper to engage, there are downsides. The regulations of the Solicitors Regulation Authority and the Law Society cover the activities of English solicitors and are generally considered stronger than those which apply to their counterparts in Spain. English solicitors' strict auditing and accounting rules are also worth considering. After all, for most people, property is the most expensive investment they will ever make.

Pilar Alonso

Your Ally in Spanish Real Estate Success

Hola! I'm Pilar Alonso, your trusted Spanish Property Solicitor. I was born in Spain, but now spend half my time in England, where I have a home and an office in Bolton, Lancashire. With a wealth of experience exceeding two decades, I've honed my skills to perfection in the intricacies of Spanish property law.

For the past decade, I've been the go-to expert for UK citizens seeking redemption from failed property investments post the 2008 financial crash. Now, it's time to refocus on what truly fuels my passion—making your dream of owning a piece of Spanish paradise a reality. 

Whether you're navigating property transactions, unravelling tax complexities, or securing your Spanish inheritance, I'm here as your dedicated ally. Let's turn your property aspirations into a success story!

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