Without a doubt, purchasing a property in Spain is an exciting venture, but it comes with its fair share of challenges and complexities. One of the most common questions asked is whether you need a property lawyer or if using a notario (notary) is enough to get the job done.
Having someone on your side is particularly important if you are relocating to or purchasing a vacation home in Spain as the laws vary between countries. It is imperative to ensure that you are protected as you embark on a new real estate adventure. Choosing a Spanish real estate lawyer to walk with you through the process will help give you peace of mind, knowing that they have your best interests in mind.
If you want to protect your investment and avoid potential pitfalls, hiring a property lawyer in Spain is not just advisable—it’s essential.
The perks of partnering with a property lawyer in Spain
Here are some of the overarching reasons a property lawyer can be your best ally in Spain.
Your interests will come first
A property lawyer is dedicated solely to your interests as the buyer. Their main objective is to guarantee the safety, legality, and transparency of your purchase. Through meticulous property inspections and verification of licenses and permits, your lawyer will guide you through the entire process as your advocate.
Your purchase will be safeguarded
One of the first things your property lawyer in Spain will do is obtain a Nota Simple—a legal report that provides crucial details about the property, such as the current owner, any debts attached to the property, and whether the seller is indeed the rightful owner. This document is essential for verifying that everything is in order and that there are no legal issues that could come back to bite you later.
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What does a property lawyer in Spain do for you?
Here’s how a property lawyer can help keep your real estate journey headache-free.
1.They’ll deal with the complexities of property law
Buying property in Spain involves more than just signing a contract. A property lawyer in Spain will carry out comprehensive searches to check for any planning breaches, verify that the property has the necessary licenses, and determine the taxable value. These steps are critical in avoiding any legal complications that could arise after the purchase.
2. They’ll act on your behalf when you’re not in Spain
If you’re unable to be present in Spain for certain parts of the buying process, a property lawyer in Spain can act as your Power of Attorney. This means they can sign documents and handle legal matters on your behalf, ensuring the purchase goes smoothly even if you’re halfway across the world.
3. They’ll make sure all legal documents are watertight
From drafting preliminary contracts to preparing the final deeds of sale, a property lawyer in Spain ensures that all documentation is legally sound and protects your interests. This includes organising the final signing appointment with the notario, where the purchase deeds will be officially registered and fees paid.
The real estate lawyer will ensure that there are no problems with the title or physical property that you would have to deal with later. Since this is their job, they know what to look for and are highly qualified to spot problems.
4. They answer all your questions
Sometimes it’s difficult to get a straight answer from the numerous people involved in a real estate transaction. This won’t be the case if you’re working with a real estate attorney. Part of their job is to make sure all of your questions are answered, and you are comfortable with the entire process.
What exactly does a notario do, and why aren’t they enough?
In Spain, a notario plays a vital role in the property purchase process. They’re responsible for ensuring that all the legal documents are in order, that the paperwork is completed correctly, and that the relevant parties have the authority to sign the documents. The notario also collects the necessary taxes and ensures that the completion documents are signed in their presence.
However, while their role is crucial, at the end of the day, they’re an impartial party who don’t represent the interests of either the buyer or the seller. This means you won’t receive any personalised advice or protection during the purchase. This is where hiring a property lawyer can be highly beneficial—they’ll act solely in your best interests and ensure every aspect of the transaction is scrutinised and secure.
What to look for in a property lawyer in Spain
Here are our top tips to look out for before hiring a lawyer.
1. Independence
When choosing a property lawyer in Spain, it’s crucial to select someone who is completely independent and has no ties to the vendor or estate agent. This independence ensures that your lawyer is working solely for you, without any conflicts of interest.
2. Local expertise and bilingual fluency
Spain is made up of 17 autonomous regions, each with its own set of laws and regulations. Your property lawyer in Spain should have deep knowledge of the local conveyancing system in the region where you’re buying. They should also be fluent in both Spanish and your language to ensure nothing gets lost in translation.
3. Fee transparency
A reputable property lawyer in Spain will provide you with a clear breakdown of all the costs involved in your property purchase. This includes their legal fees, land registry fees, notary fees, and any applicable taxes. Knowing these costs upfront helps you budget effectively and avoid any financial surprises.
How To Find A Property Lawyer In Marbella
Kevin & Alicia Churchill are experienced real estate experts heading the team at Luxury Property Finder Marbella, so they have the numbers of the best property lawyers in Marbella and the surrounding areas on speed dial. Get in touch with either Kevin or Alicia to be put in touch with their trusted lawyers.
Final thoughts on partnering with a property lawyer in Spain
Hopefully, you’ve gained some wisdom from our exploration into engaging a property lawyer. If you’re seeking a stunning place to live, connect with the experts at Luxury Property Finder Marbella. Our passion is finding the perfect property for our clients, tailored to your specific needs and desires, so we welcome you to share your vision with us. If you have any questions at all, reach out to us today!
Looking to move to Marbella?
Get in touch with Luxury Property Finder Marbella and let us help you find your dream home.
