From the Forum today on:
The Cross Border Electronic Conveyancing (CROBECO) scheme
Maria posted:
It is not easy for a non Spanish lawyer to do accurate conveyancing in Spain due to the complexity of some institutions which registered on the Land Registry precise a good understanding and mastering of Registry and Property Law to be fully covered.
At other basic levels, it is a very good idea that we all understand all better and better...
Maria
Goodstich posted:
I agree that this would only work if a lawyer has a clear understanding of land registry and property law. It's not something that could be achieved quickly. Those working in the property industry in all EU countries would need to learn a minimum EU industry standard. In the meantime though, those already cheated should be recognized and moves made for compensation.
The property purchaser must not be compromised by lack of regulation or non implementatation of law, court delays etc, or any fault in the system that is not their fault. This is where it's all so wrong in Spain. The model must be based on fully implemented common sense laws, regulation and justice that we take for granted in the UK, not on the lies, deception and corruption that is so common in Spanish property purchase.
In counties where property purchase is based on common sense law, legal trust and integrity then there isn't a problem, so those rules should be taken as a minimum requirement throughout the EU. Anything less will leave purchasers open to the abuse many have suffered when trying to buy property in Spain.
Maria posted:
Goodstich:
Completely agree with you that during the real estate boom, some lawyers, which worked along with big real estate agencies, selling properties per dozens a day, did not perform the legal work that was due according to our Property Law and our Proffessional Ethical Code.
That does not mean though that following these two bodies of rules a completely safe purchases would have not been possible. Was the same as with many other actors those days : overemphasis on the benefit rather than on the mission of the proffession.
Of course I agree that commun understanding and commun practises in Europe ( as much as possibe ) are advisable and will be an element of promotion for a healthy market.
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Caños de Meca, Costa de la Luz, Cadiz, Spain by Txikita69 at Flickr.com