04 Using a Lawyer
In the “Introduction”, we have already explained that the differences between the Spanish and UK markets are such that you should use a lawyer to help you to a successful purchase or investment in Spain. We have also pointed out that while this guide is intended to help you with the details of buying a property in Spain, it cannot substitute for proper legal advice relating to your particular purchase or investment.
Some people appoint a UK solicitor, who has an association with a Spanish lawyer, but as you might finish-up paying "double" fees it could be better to find a Spanish solicitor who can provide advice and information in English so that you can relate to issues in Spain. You will also benefit from his or her legal presence, expertise and representation on the ground in Spain.
A lawyer may also be able to act under a Power of Attorney (poder) on your behalf in signing documents etc., which could be useful if you are unable to be in Spain on the required dates (for example, at the Notary’s office).
There are many other services that a good Spanish solicitor can provide and it is worth deciding exactly where you need most help before you contact one or two. For instance, ex-pat buyers need an NIE (fiscal number) to open a bank account and your chosen solicitor can handle both if you need him, or her, to provide this service. Some will charge extra fees while other firms will include this in the overall fee that, generally, equates to around 1% of the property purchase price.
Checking what services you need in additional to those directly associated with the purchase contracts, legal sureties and conveyancing, will help prevent misunderstandings over the legal bill when it is presented. Some firms require 50% of their fee upfront and the balance on completion at the Notary's office.
We've heard tales of derring-do involving our buyers' solicitors turning out on a Saturday morning to chase up tardy utility companies demanding cash because the earlier bank payment for connection cannot be found, others helping with lost hire car keys and overcharging by developers on agreed extras. A good Spanish solicitor can be a good friend in need. If your choice is good, let us know and we can include their details to our Helpful List - Spanish Solicitors.