20 Jun The lawyer’s role in the deal
The procedure for buying property in Spain is not complicated if you do it the right way. Since the realtor’s primary task in Spain is to bring buyers and sellers together without delving deeper into various legal issues regarding the home, you normally cannot make a property purchase without a lawyer by your side.
Remember that all documents relevant to a purchase are in Spanish. It is almost impossible for you as a private person without deep knowledge of Spanish to be completely sure that the deal is done correctly. We therefore recommend that you, as a buyer, hire an impartial lawyer to represent you throughout the entire purchase process. The lawyer will also help you to apply for a Spanish personal identification number (NIE number) and to open an account in a Spanish bank. Without these two things, as a foreigner you cannot buy a property in Spain. By hiring a lawyer and giving him a power of attorney for all aspects of a real estate transaction, you can sit back and let the lawyer take care of all the papers that need to be signed right up until the day you become the legal owner. The seller also almost always has a lawyer and the two work together throughout the deal. Furthermore, the lawyer ensures that you get new contracts with electricity and water companies and that these bills are sent to your bank for direct debit payments (domiciliación).
Over many years, we have developed a close relationship with the best and most serious lawyers on the Costa del Sol. Our clients have very positive experiences and with that experience we can now help you get in touch with one of these lawyers. Also, don’t worry about the language – they speak English!
These are some important things that your lawyer checks and does for you:
- Is the seller the legal owner of the property?
- Does the size agree with the property register?
- Does the home have a mortgage or other debts?
- Are there embargoes or easements on the home?
- Are there unpaid fees?
- Is the seller permanently resident in Spain or not?
- Are taxes and fees paid by the seller?
- Does the seller have an energy certificate? (Law since 1 June 2013)
- That any expansions are done legally
- That there is a building permit (new development)
- That the seller provides a bank guarantee (new development)
- Establishment of the private purchase contract
- Signature of the deed in your name before a notary public
- Establishment of contracts for electricity and water in your name
