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Ive sold a property have ive got some quotes 800 euro plus iva, ive been told gester will do is and thet are cheeper has anybody used one of these or not used a solicitor or do they know of a cheeper solictor in Murcia
This message was last edited by newworld on 27/01/2013.
This message was last edited by newworld on 27/01/2013.
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I (for myself and my son) have bought and sold several properties in Spain.
I have never employed a solicitor for either buying or selling.
They are not necessary, and whether you have one or not, the contract can only by authenticated before a Notary, who has certain legal responsibilities to ensure there is no reason why the transaction should not take place.
However, if a buyer has no understanding or knowledge, then maybe they would have a reason to employ ‘ someone’ to assist them.
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It depend on how safe and secure you feel yourself when buying and selling in Spain.
A Notary will take care of the legalities of the public deed which is the public title, for your purchase to be duly registered at the Land Registry, but will not be in charge of safeguarding your rights, guarantees, obligations in particular.
It is not big deal but sometimes being a foreign , it is worth while to have an experiences advisor to guide you through the whole process.
By the way, please have here a guide on conveyancing by our team:
http://www.costaluzlawyers.es/images/guides/buying_property_free_guide.pdf
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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It depends on how safe you want to be.
A Notary cheks on legalities of the transmission ( ownership, enough title for operation, legality of funds, money laundering preventions...) but does not check the previous contracts to protect one of another of the purchasers and has a non partial role in the signing of the business.
Your lawyer will represent and deffend your rights, interests, guarantees...
By the way, we are offering here a guide of conveyancing for you:
http://www.costaluzlawyers.es/images/guides/buying_property_free_guide.pdf
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Your lawyer will represent and deffend your rights, interests, guarantees...
Not always the case as a lot of us have discovered.
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Yes, you are right. Lamentably!
Fortunately we are under professional rules and need to respond of our diligence and proffessionalism.
All registered lawyers in Spain have indemnity insurance
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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No need at all. Buying and selling is quite safe in Spain. However, if you are buying in rustic land when you thought otherwise or you are buying in land later to be renamed as rural after a legal process or if you are buying to close to the beach unknowningly or if the law suddenly changes or if the building is not properly constructed, etc, the lawyer will be of little help if any.
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The question asked is "When selling" i have just sold my house in Spain and did not use a solicitor or Lawyer, it was very quick with no problems at all, i did ask my Spain based Solicitor but at 900€ decided no.
I did use one, the same one i still have now some years ago when i bought the house, her fee was very good back then, but one thing bothered me even then, i asked "Can you find out if the house would come under this illegal building thing and have a chance of being bashed down?" her answer did surprise me "No we cant find that out" i thought bloody lot of good you are then, but i wanted the house and proceded with it, glad that i did.
You dont even need a solicitor in the UK to buy and sell your house, i had one when i bought my now house brand new, the best Solicitor you could find, what a tosser, big time. Never again.
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Baz
You don’t even need a solicitor in the UK to buy and sell your house,
(sorry following Baz and going off thread)
The problem I found some years ago in UK was that the Building Society ‘forced’ me to have one.
But as you say you don't need one, just like buying a car or buying anything else.
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Hi johnzx.
Yes true what you say about the lenders, some years ago i bought one house with no solicitors at all, i told the seller what i was doing, i went to the council to check the house over ie: planing / rates / services, you know the score, took about a day to do some extra checks, cost nothing, went to the lender and told them what i wanted to borrow and they did ask who the solicitor was and was a bit shocked when i said "Me" but agreed everything, whole process took about 2 weeks and that was only because the seller was on a boat to Aus,.
When i bought the house i am now in i told the solicitor not to send letters out as i would collect and maybe answer at the same time because i drove past his office twice a day, he didn't like that one bit, because it took about ten days to send and answer back one letter, so that looks like they are doing a good job...they are not...crooks all of them.
On average it takes about 3 months plus to buy or sell here and the only reason for that is to justify the stupid overpriced invoice they give you.
I know things have changed a lot, and it has to be said if you want 100% piece of mind perhaps it's best to employ the crooks, but then again if anything went wrong with the sell or buy trying to get the solicitor to admit to his mistakes...stick pins in your eyes....less pain.
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Baz
I have had experience of working with the Law Society in prosecuting wayward solicitors. It was always very clear that the Society would bend over backwards to avoid taking any action if at all possible.
The Law Society is of course financed by solicitors and he who pays the piper ………..
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Ive got one 750 inclusive of iva i dont want to muck the sale up by doing something wrong.
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I have never conducted a spanish conveyance, but I wouldn't advise it; especially if your Spanish isn't up to legal jargon. The buyers solicitor will inevitably request a number of pre-contract enquiries and these could cover a multitude of different property matters. Your solicitor will issue a contract and liaise with your mortgage company if you redeem a loan.
Can you do that? If you have any doubts then it's best to seek professional assistance.
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If I shine too brightly, then put your sunglasses on oy vey
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Foxy It is totally different from UK.
The buyer practically never asks questions of the seller as in UK, all the important info is recorded in the Property Registry, the buyer would obtain a copy, and any 'extras’ (furniture, fittings included etc) would normally in the Compraventa which is often drawn up by the real estate agent if one is involved.
The mortgage entity undertakes the recovery of the mortgage and a representative of the bank etc is present at the Notary’s when the contract is signed
The Notary must ensure that the buyer and seller understand everything, thus translator/s must be present, usually it is a person on the notary’s staff. They must also ensure the proerty is free of debt and that the owner is able to pass ownership.
As I said, in essence no different from buying or selling a car, in fact in Spain, maybe easier than a car !!
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Thank you once again John for your posting. I can see why a solicitor would not be so necessary under these circumstances. As you know I practised criminal law but have had to acquaint myself with the odd conveyance in the past in the UK. A fairly complex procedure with a plethora of forms involved with strict guidelines to adhere to.
_______________________
If I shine too brightly, then put your sunglasses on oy vey
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Well, I would just add that there are cases and cases and lawyers and lawyers...
Do not you agree?
Cheers!
María
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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i think i would always employ a lawyer in spain
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i coldnt stay away from you miserable whining whingers for some reason
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