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I have just recieved an offer on my property and I wish to sell as soon as possible. However the lawyer I used to buy the property was independant and has moved on.
I have sent several requests for quotes and recieved varying responses. I obviously want the cheapest, but how do I know they are legitmate?
The names of the firms that have responded are:
- RDT - Ruiz Diaz Torres.
- MAM Solicitors.
- Des Sparks.
- TLA Corp.
- Malaga Solicitors
- De Cotta.
Can anyone help?
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I have never used a solicitor when selling in Spain. You really don't need one.
You sign in front of a notary who had prepared the contract (compraventa) who ensures all the legalities are complied with and you take the money.
For that matter, I have never used one when I was buying either, although when buying there are things, which you need to cover, so if you do not have experience it would be better to employ one (maybe).
Why would one employ one when selling ? (NB This questions is NOT directed at those who have a vested interest in one doing so, solicitors and their employees etc)
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Johnnx
The difference is you live in Spain and know your way around the legal system. Also the other reason to use a lawyer is if you cannot attend in person. If speight80 did not attend notary when he bought then he has probably never even experienced a Spanish notary.
It's fine if there is a lawyer on one side to instruct the clerk but imaginge an English buyer and seller both going it alone. It also depends on the area becuase some notaries and their staff do not speak English and it's just too much hassle for notary and staff. Two headless chickens come to mind!
But back to the question asked and I would have to question the credentials of the first firm.
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One must have someone who can speak Spanish and the languages of the buyer and seller when the contact is signed or it cannot be signed.
To be able to find a notary with staff who speak English is never difficult. One is not obliged to use a particular notary so they can 'shop around.'
As for drawing up the contract: The details come from the IDs of the seller and buyer and the details supplied to the notary by the Property Registry Office. They pretty well follow a standard pattern.
Faro, I believe you are involved in the legal profession, so maybe not unbiased.
Just in passing:
By coincident I have just been to the town hall as it appeared that my son's apartment was part of the inheritance of a person who has died. After considerable checking of all the documents, (my son's and those of the deceased) it transpired that the compraventa (sales contract) in 2007, of the deceased person, showed the wrong address. I believe both parties had been legally represented, so they, the buyer and seller, the notary and Property Registry had failed to notice the error. !!!
This message was last edited by johnzx on 21/10/2011.
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Johnxz
If someone has been through the process once then it's a possibility of going it alone. But my point was if that person has no knowledge of Spanish nor the Spanish legal system then it could be an uphill battle. Also I was using an extreme example of both buyer and seller going it alone.
I have known estate agents to deal with all the formalties of instructing notary and doing all the hand holding on the day etc. But now we get into the subjetc of trusting an agent!
I had a similar problem in Coin with property registry and catastral office - apparently all their records are a mess! It could have been a nightmare to resolve but as it turned out the owner as per catastral worked for the town hall and he agreed that the plot was not his and that his was the plot beside - but it took 1 yr to record change. Had that owner been non-resident then it would have been an almost impossible task. It was a matter of walking in and out of both offices (fortunately they are almost beside each other) and constantly re-checking descriptions/previous owvers etc ...... It was all to do with how land was divided and multiple plots created of the same size and with mostly similar boundries!!!
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When we bought our property we used the solicitor recomended by the agent (bad thing to do I know, but we knew no better). Since we have found him to be very good, and he now deals with all our Spanish affairs. He is Spanish, but has been educated at Cambride. He is in Antequera but covers Malaga Province.
MOLINA GONZALEZ ABOGADOS
C/ Cantareros nº 6
29200 Antequera
Tlf.: 00 34 952.84.11.96
Fax.: 00 34 952.84.01.66
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I've used 4 at different times and each has been incompetent in their own way.
Two of them were similar - minimal paperwork and communication, nothing confirmed in writing, but the transaction went through although with both we subesequently discovered an error in the paperwork. Another was highly devious and wanted to juggle the figures in the Spanish way without my agreement, the other was really just working for the contractor.
When I use the next one I will obviously start with a personal recommendation. But I will never trust a lawyer in Spain again. Everything I do will be confirmed in writing to them at every stage and I will certainly avoid their having any involvement whatsoever in the cash transaction.
So to answer your question. From my experience you cannot trust them - in fact it's far better that you assume otherwise and do not allow them any scope for misinterpretation and never even consider giving them a power of attorney.
Good luck.
_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.
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Acer,
I was a detective in London for 30 years. In all that time I came across about a dozen solicitors and barristers whom I would have employed.
That's one of the reasons I have never employed one in Spain either when buying or selling. I have so far, never had any difficulties with what I did. I have though had problem spinning offs from lawyers employed by the other side, in several transactions.
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Well my experience is different Johnzx. I only had one solicitor who let me down in the UK - she simply had failed to read the lease on a building she wanted me to sign which had some truly outrageouus clauses. But I read these things myself so not a problem. But the others have all been reasonable, albeit invariably slow and expensive.
But in Spain you need a solicitor unless you speak the lingo and know all the formalities etc. In any event the question posed was about vetting lawyers, not if they're needed.
_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.
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I have to use a notary when buying my villa in Florida. I just asked my solicitor to recommend one and used that one. To find a good solicitor ask an estate agent!
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In Spain, whether you employ a solicitor or not, the contact is drawn up by the notary's staff and he / she ensures there are impediments, like outstanding debts or other reasons why a legal transfer cannot be made.
If you have a solicitor they just stand around, holding your hand, and generally trying to pretend what you are paying them is justified !
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I think there is definitely an increase in people not using a lawyer when selling, mainly to save money.
Like John says, for a seller it's not really essential although for a buyer it is definitely recommended. And remember, that sometimes going for the cheapest can be a false economy.
In terms of which lawyer to use, maybe type their names into Google and see what comes up!
Justin
_______________________
Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain
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One thing we noticed from using several lawyers for various transactions is that when things are tricky or not clear they suddenly want you to ring the office so they can explain it easier over the telephone
translated what that meant was they didnt want to put in writing the answers they were giving.....insist on emails / things in writing
Whoever u choose ask questions in emails and insist on each one being answered as if you ask 3 or 4 they will answer the 2 or 3 easy ones and swerve the slighlty grey ones....
As has been said for selling its not so bad but if you feel happier using one "google" them, look at their websites and ask them all the things you want to sure off before you intsruct them as the answers seem quicker than once they have the instruction etc
Personal recomendation is only of value if the person has got any real knowledge of how to tell a good one from a bad one and they dont know that unless they had an issue or problem really after the event as just because it went through smoothly counts for very little in spain as its what happens further down the road that counts...
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