Legal Advice - Abogado or Property Conveyancing Solicitors
We hope that you will find the VIP España or VIP Almeria website both informative and useful. We have a list of the legals that our clients recommend on the following page: http://www.vipespana.com/important-information.html
When buying something as expensive as property in a foreign country you need a solicitor who you can be certain is working for you and you alone. Here at VIP Almeria, we ask that all buyers seek a solicitor will look after the buyer’s interests. The Spanish word for a Lawyer is 'Abogado' and is the equivalent to a Solicitor or a Barrister in the UK or Ireland or Attorney in the United States.
When buying an overseas property, it's vital that you get reliable independent legal advice before you purchase a property. Make sure you are dealing with a solicitor and not a translator who is offering legal advice for which he or she will not be qualified. Instructing an overseas property lawyer will be an additional cost, but this needs to be factored in to your figures. Using a lawyer when buying abroad is probably even more important than when buying in your home country. You can make sure a person is a solicitor by visiting the “Consejo General de la Abogacia” at www.abogacia.es. Not all solicitors offer the same service so one sensible approach is to ask friends and acquaintances for recommendations. Life Experiance.
An independent lawyer (not one recommended by an agent or who is in some way involved in the transaction) will help to inform you about possible problems and issues, and protect you from future problems with your new home. Your lawyer will conduct revelant searches such as the Degree218, check licences and ensure the property has been built legally without any legal claims on the property from a third party.
- The property is free of debts, encumbrances, charges, and is up to date in all its payments.
- Title deeds are properly executed.
- Local council documents are transferred.
- Taxes and costs to be paid in the transaction are correct.
- Other essential requirements,e.g. application for NIE number (identification number for foreigners), are taken care of.
- Electricity, water, community of owners if applicable , rubbish collection and rates can set up by direct debit.
Local lawyers are also more likely to know about regional urban plans, the problems specific to the region, and the reputations of local estate agents and developers. They are on site to do any of the many legal checks that may need to be done, and can readily accompany you to the signing of the deeds before Notary. Lawyers who are not locally based, for example Spanish lawyers in London, have to operate over the phone, or through associates, all of which may decrease their speed and effectiveness whilst increasing the cost to you. Conveyancing from other areas can attract an extra fee so it may not be cost effective. There are also the inevitable delays when information and documentation has to pass through the extra middleman. Please ensure that your legal does not subcontract the work to a local if they are outside the region. Entering into a property transaction is one of the most complex and expensive transactions that you will most likely ever undertake so do not pay more.
Typically, lawyers fees will be between 1% - 2% of the purchase price, although can vary by property price. Don't be tempted to scrimp on legal costs - following the right process now could save you a lot of time and trouble down the line!