Having recieved a letter this morning regarding our development, it has reminded me that some people may not yet have appointed a solicitor. This article may be useful in making sure you engage a legal representative who will act in your best interests.
The Importance of using the Services of Truly Independent Spanish Lawyers & Solicitors
1. Never sign any documents without first having an independent Spanish lawyer check the document first. Often estate agents will put pressure on buyers to sign deposit/reservation contracts saying that they need not worry and that they only reserve the property. This may not be the case, and sometimes these contracts have clauses that bind you to specific terms in the main contract which may be adverse to the client. You may also find that you have a problem getting your deposit money returned, should your lawyer find a defect in the property, and you decide not to go ahead with the purchase.
2. Buyers should avoid using lawyers recommended by the developer/seller or estate agent. This may seem the easy option, but these lawyers cannot be independent. This is because they are being supplied with their clients from the seller or his agent, and this relationship can hinder impartiality. You should use an independent lawyer who will act solely in his client's interests, and who will not be afraid to point out defects or change terms in contracts to best suit his client. In the UK English Solicitors are trained to advise their clients not to use the Solicitor of the developer (i.e. when the developer offers to provide free conveyancing or recommends his own lawyer), as his relationship with the developer can prevent him from being impartial and acting in the best interest of his client.
3. Always check that your lawyer actually is a Spanish lawyer (Abogado) or English Solicitor. This can be done simply by contacting his local law society. For example the Spanish Law Society for the Malaga province which covers the coast from Nerja to past Estepona has its contact details on its website: www.icamalaga.es English Solicitors can be checked by going to the website for the Law Society at: www.lawsociety.org.uk clicking on the "find a Solicitor" box and then inserting the lawyers details in the appropriate boxes. It is essential that the person acting for you is a qualified Solicitor or Abogado (Spanish lawyer). If he is not he will not owe you the professional duty of care of a lawyer, nor will he be covered by professional liability insurance. If your registered lawyer/Solicitor should make a mistake or act negligently, you will have the protection of being able to take action against him or her through the supervising law society. As a last resort you will be able to sue him for negligence with the reassurance of knowing that funds exist to compensate you if your lawyer is found liable. If you do not make these simple checks at the outset, and you have problems with your purchase or suffer loss, you may find it difficult or impossible to get compensated for your loss.
4. Also check whether your lawyer can advise you fully on the various forms of property ownership and associated taxes. You will want to choose the form of ownership that suits your own requirements and fits in with your tax planning in the UK.
Why is it an Advantage to use a Spanish Law Firm
Again this may seem obvious but it is amazing how many people use lawyers not within travelling distance to their property. Often it is necessary for your lawyer to visit the local planning department of the property you are buying to check the planning status in detail. If the distance is far then you will be paying travelling costs of your lawyer, or your lawyer may not be able to visit if he is not in Spain. Also on completion your lawyer has to travel to the Notary office in the area of the property. If your lawyer does not travel but employs another lawyer on his behalf then either your costs will be higher, or possibly the quality of service lower should your lawyer not be present at the Notary office on completion.
Once you have purchased your property it is also on a practical level convenient to have a local lawyer who you can trust. This is especially important in a foreign country where you are more likely to need on going advice and support. If you have had good service with your property conveyancing then hopefully the same lawyer will provide you with good service and support on other matters.
Essential to keep all Correspondence
One final "gem" of advice always put your instructions in writing to your lawyer and ask him to confirm his reply in writing. Keep copies of all correspondence. It may seem inconvenient and extra work to do this but it is essential. If you are not happy with your lawyer's service or feel he has not followed your instructions you will have documentary evidence to support your position. It is very common for unscrupulous professionals to conveniently forget that conversations have happened. If you have paid for the services of a lawyer and he has been negligent you are going to need evidence of this to get compensated. Its better to be cautious and avoid potential problems from happening in the first place as opposed to having the stress and costs of employing another lawyer to put things right!
This message was last edited by helsmc on 2/23/2008.