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