Finding a Lawyer

Finding a lawyer to handle your Spanish investment property should be your top priority before you wade too deeply into the sometimes murky waters of Spain’s housing market.

Spanish property law and bureaucracy are completely alien to most northern Europeans embarking on their first house purchase in Spain. And as many high profile media stories have illustrated, foreign buyers come a cropper all too often – usually because of their failure to take proper legal advice.

Don’t listen to an estate agent who tells you it’s an unnecessary expense to hire an independent lawyer. In fact you’ll be doing yourself a favour to steer clear of any agent who spins the line: “We’ve been in this business for years so we can handle all the legal side for you.”

You don’t necessarily need an estate agent to buy a Spanish property but you definitely need a good lawyer!

There have been so many cases of dodgy developers, rogue agents and “vendors” whose names don’t appear on the title deed of the properties they’re selling that many town halls are now putting up warning signs urging foreign buyers to seek legal advice before committing themselves to a purchase.

Foreigners who speak little or no Spanish and whose dream of owning a home in the sun stifles every ounce of commonsense are easy prey for the rogue operators lurking in the darker corners of Spain’s booming property industry.

But if you find yourself a lawyer who specialises in Spanish property transactions, who has been in the business for years and has established a good reputation in the area where you intend to buy, then you can rest assured that your purchase plans won’t take a nosedive into any of the common pitfalls that snare so many foreign investors.

Very few British solicitors practise in Spain but many UK firms work in partnership with Spanish lawyers and have offices and bi-lingual staff based in both countries. In all the most popular coastal areas where the vast majority of foreigners buy Spanish homes, you’ll find Spanish lawyers (called “abogados”) who speak good English and employ multi-lingual staff.

It’s a good idea to find a lawyer who is based in the same area as your chosen property. A local lawyer is likely to be aware of any dubious developments, which may not have the appropriate licenses, and overall plans for the area which may have an adverse effect on the property. These are issues which any lawyer needs to investigate but there’s no substitute for local knowledge and contacts. A local firm will also have an established working relationship with the local notario – the government appointed legal eagle who will ultimately set the seal on your purchase.

Talk to foreign property owners who have already bought in the area – they’re easy enough to find in the local ex-pat pubs and clubs – to find out which local lawyers have a good reputation (and which ones don’t!)

Don’t sign any paperwork relating to the property you intend to buy and don’t hand over any money until you’ve found a lawyer and asked them to carry out vital preliminary legal checks.

Your lawyer will establish whether the vendor has a legal right to sell the property, whether the property has any outstanding debts attached to it and whether there are any development plans for the area which may affect your decision to buy that particular property. In the case of an off-plan purchase, your lawyer will ensure you have a contract in place to guard against the developer going bust, failing to complete on time or failing to construct the property to the agreed standard.

Available area guides to Costa del Sol
Benalmadena | Calahonda | Estepona | Fuengirola | Malaga | Marbella | Mijas-Costa | Mijas Pueblo | Puerto Banus | Sabinillas | San Pedro de Alcantara | Torremolinos

Investing in the Costa del Sol articles
Investing in Property on the Costa del Sol – an Overview
Past performance of the Costa del Sol property market and outlook for the future

Spanish property investing guides
Guide to buying property to let in Spain
Investment property in Spain – what to buy?
Finding a lawyer in Spain
Arranging a mortgage in Spain
Where to buy Spanish property
Marketing your vacation rental in Spain