Spanish Property - Can we help ourselves?

Sadly we hear of more ex-pats being cheated and deceived by the Spanish property purchase system and many of those less than honourable individuals that operate within its framework. I believe that part of the problem is that Brits are too trusting of ‘professional services’ and fail to obtain an understanding of the procedures here. In UK you can trust and leave your affairs to a solicitor and accountant or surveyor and you know the job will be done correctly and if not, you have recourse to claim via a licensing supervisory body to investigate and compensation via professional indemnity cover.  In Spain it is not the same and you have to help yourself. Obviously the process of purchase and the buyers input will vary depending on the land/building being considered, but I believe that a lot of problems possibly could be avoided if a buyer makes a tick list. I have not researched this and I am not qualified to advise on Spanish Law, but this seems to make sense to me. I have made a few notes below and perhaps someone more experienced than I could make this a standard check list and help to avoid the current problems. (Estas ahi Maria de Castro?) 

Rule 1. Never use a lawyer ‘recommended’ by an agent, the seller or a developer.

Rule 2. Only use a lawyer who speaks good English.

Rule 3. Never pay out any money or agree to a part cash -  reduced value contract.

Rule 4. Go to the town hall and ask questions get written proof where possible.

Rule 5. Ask locally for help – there are many Brits who have been here for years who know the ropes and will help you – the local bar is always a good starting point!

Rule 6. If you feel that you are being pushed into a sale – just walk away, you will be glad you did.

Here’s the tick list I think could avoid many problems and would highlight and latent problems. During the buying process: MAKE CERTAIN THAT YOU

See proof   of ownership from seller.

See proof   of planning status from seller.

Get a copy of the Land Registry check to establish current ownership.

See proof   that property is sold free of mortgages, charges and debts.

Get a copy of all planning permission and licences from local authority.

Get a copy of any guarantees (recent works etc).

See proof  that the title deeds have been notarized and inscribed at the Land Registry.

See proof  that final habitation license has been issued on a new build.

See proof  that all services are legally and correctly connected

Get copy   of community fees, obligations etc

Obtain 2^nd opinion concerning any problems that may have surfaced in above documentation.

Obtain 2^nd opinion concerning any other enquiries that may be necessary as a result of above documentation.

I hope this idea provokes thought in others concerning areas that I may have missed.

HI,

I do agree with most if not all your points however, regarding paperwork etc, one has to bear in mind to be able to speak and understand Spanish, otherwise you will have to get everything translated in order to have a chance to understand. Most of the time the documents are written in 'legalese' which even when translated can be confusing (in any language!). Of course if you trust your Lawyer and they have a good level of English, whilst you may not be able to check yourselves, you can ask and hopefully you will trust the answer. Sorry if my comments may appear negative, they are not intented to be. If you are able to apply your suggestions, perhaps many prospective buyers will avoid 'issues' in the future. It is good that we can discuss such matters and try to avoid others making some of the mistakes other members might have.

 Point taken argarcia, but as I indicated it is only an idea and if it saves just a couple of heartbreaks a year by undertaking own due diligence it is worth doing. The whole point is that you can’t trust most lawyers in Spain, hence all the problems for the people that did.

It doesn’t matter if all documents are in Spanish for the one part, as of the exercise is to establish that the documents actually exist or have been issued. Is it not better to go through the procedures outlined and pay to have the documents translated if needs be? A couple of hundred euro initial outlay could possibly save you a couple of hundred thousand in the long run.

I understand that it is now possible to obtain a title deed in English now, so by making sure that you follow the guidelines (which I am sure EOS members will finesse) you can be sure in your own mind that your building is legal and nothing is going to jump up and bite you on the bum in the future.

If your determination p****s people off – tough! You are the buyer and it’s your money at risk so if your lawyer, the estate agent or the vendor doesn’t like it, then walk- there are millions of properties to choose from and you have control, so don’t lose it – that is the key!

DO NOT TRUST LAWYERS OR PROPERTY RELATED PEOPLE ANYWHERE NOT even in the UK. You must do your own due dligence on these people and be vaery careful wherever you are.

We sold a propery in  Ireland and the solicitors for sale and purchasew ere in colusion and aded items to the contrcat afetr we had signed. Kuckily I had taken a copy of the original.

We are waiting for the Law Soceity to give compensation when one of their solicitors was working on property purchase after being told by the law society, that she had ben disbarred, she went bankrupt to stop claims against her and her Professional Indemnity Insurance would not pay up because the law society had banned her from acting on property purchase. after 5 yeasr we are still trying to get back the £20k we lost as deposit on the property. No we did not get the property, it was anew build and the solicitor was part of a building society scam to overvalue properties. 

Don't trust lawyers and property agents without finding out about their reputations anywhere in the world.  We have over the years purchased around 60 properties and thought we were experieced. DO NOT TRUST THEM

gjohnint    You mentioned the Law Society. I guess you meant in Ireland, but if so, it is still the same. In UK the Law Society is an organisation set up, and paid for by lawyers.  Why would anyone think they would not be there to protect them ?

(I have a couple of years personal experience working with the investigation branch of the Law Society, so I do know what I am saying).

Woodbug, you made an excellent job. I would just add that it is also necesary to obtain the energy efficiency certificate.

And, it is not for deffending my business, but a good, independent, reputable lawyer is essential.