How To Find The Right PROPERTY LAWYER

How To Find The Right PROPERTY LAWYER featured Image

Purchasing property is a major event, and seeking the best advice possible before you enter an agreement should be an integral part of the buying process.

Do I Need A Lawyer?
The Spanish Real Estate sector is extremely complex, introducing a multitude of strange laws, regulations and expenses that you are unlikely to understand without the required expertise and experience. Therefore, anyone considering buying a property, particularly overseas, is strongly advised to enlist the services of an experienced property lawyer. Whilst this might seem like a costly element which you can manage without, the reality is that the correct advice could save you thousands of euros in the long term. You would not dream of entering such a huge personal or financial commitment in your own country without the help of a Solicitor, so do not fool yourself into thinking that everything will just go smoothly on Spanish soil- if anything things are even more likely to go wrong! Unfortunately, numerous expats have chosen to cut this vital corner in the past, the results of which have appeared in horror stories published in the British press and various television documentaries, which have only served to paint a flawed picture of the Spanish property market.

Using A UK Based Firm
If you are currently still based in the UK, choosing a good Spanish Law firm to manage your property purchase may be a bit daunting and seem difficult to know where to begin. Searching for companies on the internet may seem like your only available option at this stage, but that is not to say that they are esteemed professionals in their field. In this sense you may prefer to use a law firm which is based in your home country, which deals with Spanish conveyancing as part of their service. There are various advantages to this, primarily the fact that they speak English and appreciate your concerns as a foreign investor, as well as having some idea of your understanding of the house buying process. They may also be local and already known to you, which could be useful for peace of mind and if you need to hand in paperwork or sign anything. However, there is a huge downside to using a Lawyer in your home country to do the conveyancing of your Spanish property purchase, and that is that all of the legal checks and formal paperwork must be done in Spain either way. For example, the notary, land registry and probably the seller or sales agent are all based in Spain, which usually means that your appointed Lawyer will eventually outsource the job to a Spanish law firm, adding their commission on top and making the whole affair more costly, lengthy and complicated than it already is!

Using A Company In Spain
All of this should probably make using an English speaking lawyer in Spain a more favourable option. Ideally they should have a long, proven history in property conveyancing in the area where you intend to buy, so be knowledgeable in matters which an outsider would not know. These may include matters like which is the best notary to use, average waiting times, which are the most reliable banks and other money lenders in the area, where to go to obtain a “Número de identidad de extranjero” (NIE number) and other legal documents required as part of your purchase. If you are lucky your Lawyer might even have a good relationship with the authorities concerned making for a much swifter process altogether. It is worth finding out whether they offer a complete package of services, to include for example conveyancing, power of attorney, the making of a Spanish will and obtaining NIE Numbers, all of which you will require before completing your purchase at the Notary.

Professional And Legal Solutions
There are several extremely good legal firms operating on the coast who are able to take care of your entire purchase for you. APIS is pleased to recommend “Professional And Legal Solutions” (PALS) to our readers, who are experts in property law and conveyancing, offering all of the help and advice which we have highlighted previously. The company is proud to introduce a team of highly qualified, bilingual staff, with over ten years experience in the field. They have offices in Puerto de Mazarron and La Manga, Murcia, and specialize in providing legal consultancy to foreign investors in Spain, extending a sympathetic hand and sound advice to guide buyers smoothly through the process. Alongside putting their minds at rest, their main aim is to protect the interests of their clients. They pledge that “Professional and Legal Solutions makes buying, working and living in Spain as non residents easy by providing all the legal services necessary by means of the consulting and intermediation of a specialized, trustworthy company.”

Advice And Representation
The main services concerned with purchasing property include:
Property Law- This service is aimed at clients who own or hope to purchase property in Spain and seek advice on tax payment, construction permits, Title Deeds, private contracting, and other related issues.
Fiscal Representation- The company will offer advice and act on the client’s behalf in order to defend their rights on the payment of Spanish taxes.
Spanish Will- Anyone who owns property in Spain is strongly advised to make a Spanish will. If a person were to pass away without leaving a will, or if their English will was the last will to deal with their estate in Spain, the Spanish authorities need to be satisfied as to who has the right to administer the estate. This as you will imagine, can be a very lengthy process, resulting in months of probate and endless paperwork. It is an extremely painful situation for family members, so best avoided from the outset.
Conveyancing- PALS specialize in the administration and processing of all documents relating to the sale or purchase of a property. Services include obtaining NIE numbers and residence permits, preparing all the necessary contracts, providing support at the Notary, preparing Powers of Attorney, making payment of taxes, managing the registration of the title deed in the Land Registry office and setting up direct debits for the payment of the various utilities and annual taxation fees.
Aside from Property Law, Professional and Legal Solutions also offer expertise in relation to Criminal Law; Civil Law; Administrative Law; Planning Law; Fiscal, Accounts and Labour Relation services.

For further information about the range of services offered by PALS please telephone (00 34) 968 595 826 (Mazarron) or (00 34) 968 175 552 (La Manga). Alternatively, you may consult their website www.palsolicitor.com.